Texas has updated its oilfield waste regulations for the first time in more than four decades. The Railroad Commission of Texas (RRC) recently revised Chapters 3 and 4 of the rules affecting commercial oilfield waste landfills and on-site disposal at drilling rigs. Effective July 1, these rules address various waste streams, including drill cuttings, well mud, and saline wastewater.
The overhaul sparked significant interest, with the commission receiving over 650 public comments from individuals, companies, and associations. The new rules introduce measures to better protect property owners and the environment. Companies must now register the location of waste pits containing toxic drilling waste, known as reserve pits. However, waste can still be buried near the surface on private properties without notifying landowners or lining the pits in most cases. These reserve pits attracted over 400 public comments.
Some oil and gas companies advocated for relaxed rules, while others pushed for stricter reserve pit protections to align Texas with other states. In response, the RRC aimed for a balanced approach. Commissioner Jim Wright, who led the rulemaking, highlighted the importance of updating practices for modern drilling challenges.
Waste Pit Requirements
The waste rule, last updated in 1984, now covers a range of disposal sites for drilling wastes. With Texas producing record amounts of oil and gas, waste management must adapt to modern techniques. Fracking, a prevalent method, generates significantly more waste. Gabriel Rio, CEO of Milestone Environmental Services, explained that a single horizontal well can produce 8,000 to 16,000 barrels of waste.
Drilling fluids used today introduce hazardous chemicals into the waste stream, although federal regulations classify this waste as non-hazardous. “It doesn’t necessarily mean it’s not toxic,” Rio noted, emphasizing potential risks to humans and wildlife.
The updated rules aim to enhance standards for commercial landfills, requiring stronger liner construction and financial security measures. The rules also cover reserve pits, or Schedule A pits, which can now remain open for up to a year after drilling. Notification to landowners is not mandatory, and liners are only required under specific conditions.
Reserve pits were a contentious issue, with over 400 comments suggesting changes. Zane Kiehne of Z&T Cattle Co. supported stricter notification and liner requirements, noting potential environmental benefits. Oilfield waste pits have been linked to groundwater contamination, but some industry voices argue that registration requirements are overly stringent.
CrownQuest Operating’s Luke Dunn warned that complex rules might delay operations, potentially incurring significant costs. Ultimately, the RRC did not mandate landowner notifications, citing a lack of statutory authority.
The Texas Legislature might address this issue. Commissioner Wright emphasized the importance of landowner awareness regarding land use. Wright’s director of public affairs, Aaron Krejci, suggested this matter falls under legislative purview.
Most rule changes focus on mud and cuttings disposal, with new provisions for recycling the produced water from drilling. This water is often disposed of in injection wells, which have been linked to seismic activity. The commission is exploring treatment and reuse of this water in agriculture.
A Four-Year Process
Updating Texas’s oilfield waste rules was challenging. Commissioner Wright, with interests in several waste management companies, promised changes during his 2020 campaign. A regulatory task force formed to devise recommendations, meeting privately before releasing a draft rule in October 2023. The final rule emerged after extensive public feedback, culminating in a vote by the three commissioners.
Virginia Palacios, of the environmental nonprofit Commission Shift, questioned whether the RRC adequately considered public input, citing rushed approval. RRC spokesperson R.J. DeSilva maintained that staff addressed all comments, dismissing claims of oversight.
Rio, from Milestone, praised the strengthened standards for commercial facilities but expressed concerns about persistent gaps in reserve pit regulation. The new requirement to register pit locations is a step forward, he said, but disparities remain between highly regulated facilities and less monitored pits.
Gary Joiner of the Texas Farm Bureau acknowledged improvements, emphasizing the need for ongoing vigilance. Meanwhile, Commission Shift succeeded in having certain provisions revised, including the use of treated drill cuttings for road construction.
The RRC intends to focus on implementing the new rules, providing compliance guidance to companies. Commissioner Wright urged periodic rule reviews, suggesting revisions occur more frequently than once every 40 years.
Original Story at insideclimatenews.org