1. Chairman Christi Craddick
Commissioner Ryan Sitton
Commissioner Wayne Christian
May 2017

2. Discharge of Oil and Gas Waste
Tiffany Humberson
Environmental Permits and Support

3. Goal for Texas Waters
It is the goal of Texas Railroad Commission to maintain and protect the quality of surface water and groundwater in the State. Policies shall be consistent with public health and welfare, and facilitate oil and gas industries, taking into consideration the economic development of the state. 3

4. Disclaimer
This presentation is a quick overview and not intended to be a complete guide for filing discharge applications
Each application is reviewed by an analyst and additional information and clarifications may be required
Please read all of the rules that are specific to your type of discharge
Contact Environmental Permits and Support for help should you have any questions ( ) 4

5. Topics for Discussion Laws and Rules Federal and State Jurisdiction
RRC Definition of Surface Water
Types of Discharges
Required Testing
Stormwater Discharges
Other Permitting Options 5

6. Laws and Rules Federal Clean Water Act (CWA) State
Texas Commission of Environmental Quality (TCEQ)
Texas Surface Water Quality Standards (TSWQS)
Railroad Commission of Texas (RRC) provides discharge permits for oil and gas activities.
Memorandum of Understanding (MOU)
Rule §3.30
CWA is the primary federal law in the U.S. governing water pollution. National Pollutant Discharge Elimination System (NPDES) permitting program for discharges
TCEQ - TSWQS are in located in Texas Administrative Code (TAC), Title 30, Chapter 307
RRC must be compliant with the Water Code Section (b) 6

7. Federal and State Jurisdiction
The Environmental Protection Agency (EPA) implements the NPDES permit program
The RRC regulates the disposal of all oil and gas wastes
Discharges to surface waters of the State must be permitted by both the EPA and the RRC 7

8. RRC Responsibility
TAC Title 16, Part 1, Chapter §3.8 (Statewide Rule 8) – Water Protection
No person subject to RRC may cause or allow pollution of surface or subsurface water
No person may discharge of (or recycle) oil and gas waste except as authorized or permitted by RRC 8

9. Texas Surface Water Quality Standards
Establish explicit goals for the quality of streams, rivers, lakes, and bays throughout the state
Permit restrictions are based on water quality and concentration after discharge to the receiving body 9

10. RRC Definition of Surface Water
Surface water - lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state. 10
Defined by Rule §3.8(a)(29)

11. Discharge Permit Standards
May not cause a violation of the Texas Surface Water Quality Standards (TSWQS)
Each discharge has specific effluent testing and limitations based on the location and the wastewater analyses provided with application
Additional testing parameters and limitations may be added based on chemicals added to the discharge 11

12. Types of Discharges
A discharge may occur at the surface (ground) or be to surface waters Three most common types of discharges:
Hydrostatic Test Water (HT) minor permit
Gas Plant Effluent (GPE)
Produced Water (Inland and Offshore) 12

13. Hydrostatic Test (HT) Discharges
Hydrostatic tests are preformed to pressure test pipelines and tanks
Authorized by a minor permit issued from the Austin office and is valid for 60 days. Must file two copies of the applications and attachments
Contact EPA Region 6 to determine federal permitting requirements to surface waters 13

14. HT Permit Typical Testing Requirements
Discharge to surface (ground)
Discharge to surface (water)
Parameter
Limitation
Benzene
0.5 mg/l
0.05 mg/l
O&G
15 mg/l
COD
Report
Conductivity
TSS
Analytical results must be reported within one month after the discharge is complete
Pictures of the effluent treatment and fluid dispersal system must be included the report 14

15. Gas Plant Effluent Discharges
Common waste streams include:
Cooling tower blow-down
Reverse Osmosis (RO) reject wastewater
Compressor condensation
Contact stormwater
Requires Individual EPA permit (zinc, chromium) 15

16. Produced Water Discharge Zones16

17. West of 98th
Not covered by an EPA general permit, but are covered under effluent guidelines found in 40 CFR Part 435, Subpart E
Individual EPA Permit may be required
Produced water must be beneficially used for agricultural or wildlife use when discharged into navigable waters 17

18. East of 98th
Covered by EPA General Permit TXG which is up for renewal in July 2017
Notice of Intent (NOI)
Produced water must be from Carrizo/Wilcox, Reklaw, or Bartosh formations
Discharges into impaired waters may require an individual permit 18

19. Testing and Limitations (East 98th)
Oil and Grease
Daily max: 35 mg/l
Monthly average: 25 mg/l
Total Dissolved Solids (TDS) < 3,000 mg/l
24-hour acute WET test required
Additional testing parameters and limitations may be added based results of Water Analysis or chemicals in the discharge 19

20. Territorial Seas
Covered by EPA General Permit TXG (renewed February 2017)
Notice of Intent (NOI)
Measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles 20

21. Coastal Management Program
Managed General Land Office (GLO)
Protects natural habitats and wildlife
Discharges must not adversely affect any critical area
Coastal wetlands
Oyster reefs
Submerged aquatic vegetation 21

22. Outer Continental Shelf
Covered by EPA General Permit GMG which is up for renewal in September 2017
Notice of Intent (NOI)
Authorized discharges for drilling fluids, drill cuttings, and produced water 22

23. Testing and Limitations (Offshore)
Oil and Grease
Daily max: 42 mg/l
Monthly average: 29 mg/l
Acute and 7-day Chronic WET Test (Territorial Seas)
7-day Chronic WET Test (Outer Continental)
Additional testing parameters and limitations may be added based results of Water Analysis or chemicals in the discharge 23

24. Complete Water Analysis
ALL RRC discharge applications require the complete water analyses report, with the exception of the HT (minor permit)

25. Whole Effluent Toxicity (WET) Test
WET test measures the effluents effects on test organism’s (fresh or marine) ability to survive, grow, and reproduce
Measures the potential toxicity of all chemicals in the solution
Used to prevent the discharge of toxic amounts of pollutants to surface waters
Test organisms include vertebrates and invertebrates
Used to provide comprehensive view of an effluents effect of receiving waters without having to test for all chemical, physical and biological factors

26. Whole Effluent Toxicity (WET) Test
Acute testing focuses on the survival of the organism
Chronic testing evaluates growth and reproduction
A WET test is passed by recording No Observable Effect Concentration (NOEC) at the calculated critical dilution concentration
Daphnid (Ceriodaphnia dubia)
Picture by Konrad P. Schmidt

27. Stormwater Discharges
Two types of Stormwater:
Noncontact - rainfall that does not come in contact with oil and gas wastes
RRC discharge permit not required
Contact - rainfall that accumulates in waste management units or contacts oil and gas wastes in active operation areas
RRC discharge permit required
Collected in pits or tanks

28. Best Management Practices
Best Management Practices (BMPs) must be utilized at all authorized and permitted facilities:
Use of berms, grading, or curbing to prevent runoff of contaminated fluids
Perimeter berms are usually required around facilities
Secondary containment requirements for storage tanks, pits, frac tanks, or other vessels containing wastes
Good Housekeeping and Inspections

29. Other Permitting Options
Land Apply Produced Water
Must be not be detrimental to wildlife or agricultural Potential Sources:
Produced water
Noncontact stormwater
Soil sampling and complete water analyses required
Prevent runoff and pooling

30. Land Apply Permit Considerations
Water quality of the effluent
Soils/acreage to be irrigated
Annual precipitation/evaporation
Application method (sprinklers, gate valves, etc.)
Run-off prevention (berms), silt fencing, channels, etc…
Soil sampling parameters are based on the background sampling

31. Recycling Alternatives
There are noncommercial as well as commercial recycling options to help cut cost and save resources

32. Environmental Permits and Support
Thank you!
Tiffany Humberson
Environmental Permits and Support