16 Tex. Admin. Code § 4.115 - [Effective 7/1/2025] Schedule B Authorized Pits
(a)
Schedule B authorized pits. A produced water recycling pit is a Schedule B
authorized pit.
(b) A produced
water recycling pit may be located on a tract of land that is not on an oil and
gas lease operated by the operator of the produced water recycling
pit.
(c) Financial security
requirements.
(1) Pursuant to Natural
Resources Code §
91.109(a),
the operator of a produced water recycling pit shall maintain a performance
bond or other form of financial security conditioned that the operator will
operate and close the produced water recycling pit in accordance with this
subchapter.
(2) For each produced
water recycling pit an operator shall file financial security in one of the
following forms:
(A) a blanket performance
bond; or
(B) a letter of credit or
cash deposit in the same amount as required for a blanket performance
bond.
(3) An operator
required to file financial security under paragraph (1) of this subsection
shall file one of the following types and amounts of financial security.
(A) A person operating five or less pits may
file a performance bond, letter of credit, or cash deposit in an amount equal
to $1.00 per barrel of total pit capacity.
(B) A person operating more than five pits
may file a performance bond, letter of credit, or cash deposit in an amount
equal to:
(i) the greater of $1.00 per barrel
of water for ten percent of an operator's total produced water recycling pit
capacity or $1,000,000; or
(ii)
$200,000 per pit, capped at $5,000,000.
(4) The operator shall submit required
financial security at the time the operator registers the produced water
recycling pit.
(5) The operator
shall submit bonds and letters of credit on forms prescribed by the
Commission.
(d)
Non-commercial fluid recycling pits authorized prior to July 1, 2025.
Non-commercial fluid recycling pits that were authorized pursuant to and
compliant with §
3.8 of this title (relating to
Water Protection) as that rule existed prior to July 1, 2025 are authorized as
produced water recycling pits under this section, provided the operator
registers the pit and files the required financial security by January 1,
2026.
(e) Produced water recycling
pit contents. A person shall not deposit or cause to be deposited into a
produced water recycling pit any oil field fluids or oil and gas wastes other
than those fluids described in §
4.110(75) of
this title (relating to Definitions) and any fluids authorized by the Director
pursuant to §
4.112(a)(3) of
this title (relating to Authorized Recycling).
(f) General location requirements for
produced water recycling pits. No produced water recycling pit shall be
located:
(1) on a barrier island or a
beach;
(2) within 300 feet of
surface water;
(3) within 500 feet
of any public water system well or intake;
(4) within 300 feet of any domestic water
well or irrigation water well, other than a well that supplies water for
drilling or workover operations or any other process for which the pit is
authorized;
(5) within a 100-year
flood plain; or
(6) within 500 feet
of a public area.
(g)
General design and construction requirements for produced water recycling pits.
All produced water recycling pits shall comply with the following requirements.
(1) The operator shall design and construct a
produced water recycling pit to ensure the confinement of fluids to prevent
releases.
(2) A produced water
recycling pit shall be large enough to ensure adequate storage capacity of the
volume of material to be managed and to maintain two feet of freeboard plus the
capacity to contain the volume of precipitation from a 25-year, 24-hour
rainfall event.
(3) A produced
water recycling pit shall be designed and constructed to prevent non-contact
stormwater runoff from entering the pit. A berm, ditch, proper sloping, or
other diversion shall surround a produced water recycling pit to prevent run-on
of any surface waters including precipitation.
(4) A produced water recycling pit shall have
a properly constructed foundation and interior slopes consisting of a firm,
unyielding base, smooth and free of rocks, debris, sharp edges, or
irregularities to prevent the liner's rupture or tear. The operator shall
construct a produced water recycling pit so that the slopes are no steeper than
three horizontal feet to one vertical foot (3H:1V). The District Director may
approve an alternative to the slope requirement if the operator demonstrates
that it can construct and operate the produced water recycling pit in a safe
manner to prevent pollution of surface and subsurface water and protect public
health, public safety, and the environment.
(5) Produced water recycling pits shall be
lined.
(A) The liner shall be constructed of
materials that have sufficient chemical and physical properties, including
thickness, to prevent failure during the expected life of the produced water
recycling pit due to pressure gradients (including static head and external
hydrogeologic forces), physical contact with material in the pit or other
materials to which the liner may be expected to be exposed, climatic
conditions, stress of installation, and use.
(B) All of the pit shall be lined, including
the dike or berm, and the liner shall be properly anchored or keyed into the
native substrate to prevent erosion or washout of the dike, berm, or
liner.
(C) A liner may be
constructed of either natural or synthetic materials.
(D) A liner constructed of natural materials
shall meet the following requirements:
(i) A
natural liner shall only be used for a produced water recycling pit with an
active life of less than one year.
(ii) A natural liner shall be constructed of
a minimum of two feet of compacted fat clay, placed in continuous six-inch
lifts compacted to a 95% standard proctor as defined in ASTM D698 and having a
hydraulic conductivity of 1.0 x 10 7 cm/sec or less. Where natural liner
materials are used, the operator shall perform appropriate testing to ensure
compliance with these requirements and shall maintain copies of the test
results for the life of the pit.
(iii) A produced water recycling pit with a
natural liner shall not be used for waste disposal pursuant to §
4.111 of this title (relating to
Authorized Disposal Methods for Certain Wastes) unless the pit also has a
synthetic liner.
(E) A
synthetic liner shall meet the following requirements:
(i) A synthetic liner shall be placed upon a
firm, unyielding foundation or base capable of providing support to the liner,
smooth and free of rocks, debris, sharp edges, or irregularities to prevent the
liner's rupture or tear.
(ii) A
synthetic liner shall be underlain by a geotextile where needed to reduce
localized stress, strain, or protuberances that may otherwise compromise the
liner's integrity.
(iii) A
synthetic liner shall be made of an impermeable geomembrane capable of
resisting pressure gradients above and below the liner to prevent failure of
the liner.
(iv) A synthetic liner
shall have a breaking strength of 40 pounds per inch using test method ASTM
D882.
(v) A synthetic liner shall
have a puncture resistance of at least 15 pounds force using test method ASTM
D4833.
(vi) The length of synthetic
liner seams shall be minimized, and the seams shall be oriented up and down,
not across, a slope. The operator shall use factory welded seams where
possible. Prior to field seaming, the operator shall overlap liners four to six
inches. The operator shall minimize the number of field seams in corners and
irregularly shaped areas. Qualified personnel shall field weld and test liner
seams. A synthetic liner shall have a seam strength, if applicable, of at least
15 pounds per inch using test method ASTM D751 or ASTM D6392.
(h) General
operating requirements for produced water recycling pits. All produced water
recycling pits shall be operated in accordance with the following requirements.
(1) Freeboard of at least two feet plus
capacity to contain the volume of precipitation from a 25-year, 24-hour
rainfall event shall always be maintained in produced water recycling
pits.
(2) Equipment, machinery,
waste, or other materials that could reasonably be expected to puncture, tear,
or otherwise compromise the integrity of the liner shall not be used or placed
in lined pits.
(3) Operators shall
establish an inspection program to ensure compliance with the applicable
provisions of this section taking into consideration the nature of the pit and
frequency of use.
(4) If the
operator does not propose to empty the produced water recycling pit and inspect
the pit liner on at least an annual basis, the operator shall install a double
liner and leak detection system. A leak detection system shall be installed
between a primary and secondary liner. The leak detection system shall be
monitored monthly to determine if the primary liner has failed. The primary
liner has failed if the volume of water passing through the primary liner
exceeds the action leakage rate, as calculated using accepted procedures, or
1,000 gallons per acre per day, whichever is larger.
(5) The operator of a produced water
recycling pit shall keep records to demonstrate compliance with the pit liner
integrity requirements and shall make the records available to the Commission
upon request.
(6) Free oil shall
not be allowed to accumulate on or in a produced water recycling pit.
(i) General closure requirements
for produced water recycling pits. All produced water recycling pits shall
comply with the following closure requirements.
(1) Prior to closure of the pit, the operator
shall dewater the pit.
(2) Prior to
closure of the pit, all waste shall be removed from the pit unless the
requirements of subsection (k) of this section are met.
(j) Closure requirements for produced water
recycling pits if all waste is removed for disposal.
(1) The contents of the pit, including
synthetic liners, if applicable, shall be removed for disposal at an authorized
or permitted waste facility.
(2)
The operator shall verify whether oil and gas waste has migrated beyond the pit
floor and sidewalls.
(3) The
operator shall collect one five-point composite soil sample for each acre of
pit surface area. The five-point composite sample shall be collected from the
native soil on the pit floor. A fraction of an acre of pit surface area will
require a composite sample.
(A) The samples
shall be analyzed for the constituents and using the methods identified in the
figure in this subsection to determine whether the constituent concentrations
exceed the limit in the figure or background concentrations.
(B) If the operator intends to use background
soil concentrations as a closure standard, then constituent concentrations in
background soil shall be determined before or during pit construction. To
establish background concentrations, the operator shall:
(i) sample soil in the pit floor locations
before or during pit construction;
(ii) collect one five-point composite soil
sample for each acre of pit surface area. The five-point composite sample shall
be collected from the native soil on the pit floor. A fraction of an acre of
pit surface area will require a composite sample; and
(iii) analyze the soil samples for the
constituents listed in the figure in this subsection.
(C) If the concentration of the constituents
exceeds the limits in the figure in this subsection or the concentrations
determined from background sampling and analysis, the operator shall notify the
District Director within 24 hours of discovery of the constituent exceedance.
(i) The District Director may refer the
matter to the Site Remediation Unit in Austin.
(ii) The operator shall follow instructions
provided by the District Director or Site Remediation regarding further
investigation, remediation, monitoring, closure, and reporting.
(D) If the concentration of the
constituents does not exceed the limits in the figure in this subsection or
background concentrations, the operator shall proceed with closure.
(i) The operator shall backfill the pit with
non-waste containing, uncontaminated, earthen material.
(ii) The backfill shall be compacted in a
manner that minimizes future consolidation, desiccation, and
subsidence.
(iii) The operator
shall mound or slope the former pit site to encourage runoff and discourage
ponding.
(iv) The operator shall,
where necessary to ensure ground stability and prevent significant erosion,
vegetate the former pit site in a manner consistent with natural vegetation in
undisturbed soil in the vicinity of the pit.
(E) The operator shall notify the District
Director a minimum of seven days prior to closure of the produced water
recycling pit and shall maintain documentation for a period of three years to
demonstrate that the requirements of this section have been met.
(k) Closure
requirements for produced water recycling pits if waste will be buried in place
pursuant to §
4.111 of this title.
(1) The operator shall ensure that any oil
and gas waste, including synthetic liners, that will be disposed of in the pit
as authorized by §
4.111 of this title is buried in a
manner such that the waste will remain below the natural ground surface and be
confined to the original dimensions of the pit.
(2) The operator shall determine the
suitability of the waste material or mixture for disposal in the pit.
(A) The operator shall collect one five-point
composite waste material or mixture sample for each acre of pit surface area. A
fraction of an acre of pit surface area will require a composite
sample.
(B) The samples shall be
analyzed for the constituents and using the methods identified in the figure in
this subsection to determine whether the constituent concentrations are below
the limit in the figure or background concentrations.
(C) If the operator intends to use background
soil concentrations as a closure standard, then constituent concentrations in
background soil shall be determined before or during pit construction. To
establish background concentrations, the operator shall:
(i) sample soil in the pit floor locations
before or during pit construction;
(ii) collect one five-point composite soil
sample for each acre of pit surface area. The five-point composite sample shall
be collected from the native soil on the pit floor. A fraction of an acre of
pit surface area will require a composite sample; and
(iii) analyze the soil samples for the
constituents listed in the figure in this subsection.
(3) Waste material that meets the
constituent limits in the figure in subsection (j) of this section or
background concentrations may be buried in the pit without additional disposal
considerations.
(4) Untreated waste
material that does not meet the constituent limits in the figure in subsection
(j) of this section may be buried by containment in a pit if:
(A) the pit has a double liner with a leak
detection system or has a single liner for which the operator demonstrates the
liner is intact and maintains the liner intact;
(B) the waste material is covered with a
geonet to support the overburden fill material; and
(C) the pit is backfilled, sufficiently
compacted, and contoured to prevent water infiltration into the waste
zone.
(5) Treated waste
material that meets the constituent limits in the figure in this subsection
based on the distance from the bottom of the pit to the shallowest groundwater
may be buried in the pit. Liners in the pit may be removed from the pit or
disposed of in the pit upon closure.
(6) The operator shall proceed with closure
as follows:
(A) The operator shall backfill
the pit with non-waste containing, uncontaminated, earthen material.
(B) The backfill shall be compacted in a
manner that minimizes future consolidation, desiccation, and
subsidence.
(C) The operator shall
mound or slope the burial pit site to encourage runoff and discourage
ponding.
(D) The operator shall,
where necessary to ensure ground stability and prevent significant erosion,
vegetate the former pit site in a manner consistent with natural vegetation in
undisturbed soil in the vicinity of the pit.
(7) The operator shall notify the District
Director a minimum of seven days prior to closure of the produced water
recycling pit and shall maintain documentation for a period of three years to
demonstrate that the requirements of this section have been met.
(8) The Commission may require the operator
to close a produced water recycling pit in a manner other than the manner
described in this section if it determines that oil and gas wastes or oil field
fluids are likely to escape from the pit, that oil and gas wastes or oil field
fluids may cause or are causing pollution, and/or that the pit is being used in
a manner inconsistent with Commission rules.
(9) If groundwater monitoring
wells are required pursuant to subsection (l) of this section, then groundwater
monitoring shall continue on the same terms for at least five years after the
produced water recycling pit has been closed.
(l) Groundwater monitoring requirements for
Schedule B authorized pits.
(1) For all
Schedule B authorized pits, the operator shall evaluate whether groundwater is
likely to be present within 100 feet of the ground surface. The operator shall
review readily available public information to evaluate whether groundwater is
likely to be present within 100 feet of the ground surface. The presence of a
water well within a one-mile radius of the pit that produced or produces water
from a depth of 100 feet or less indicates groundwater is likely to be present
within 100 feet of the ground surface. If the operator cannot determine whether
groundwater is likely to be present within 100 feet of the ground surface based
on a review of readily available public information, the operator shall obtain
location-specific subsurface information to establish the presence or absence
of groundwater within 100 feet of the ground surface.
(2) Operators of Schedule B authorized pits
located in areas where groundwater is not likely to be present within 100 feet
of the ground surface are not required to perform groundwater
monitoring.
(3) Operators of
Schedule B authorized pits located in areas where groundwater is likely to be
present within 100 feet of the ground surface are required to perform
groundwater monitoring in accordance with paragraph (4) of this subsection
unless:
(A) the pit has a double synthetic
liner with an operational leak detection system; or
(B) the pit has a liner and an active life of
less than one year.
(4)
When groundwater monitoring is required under this subsection, the operator
shall install at least three groundwater monitoring wells, at least two of
which are installed in a hydrologic downgradient location relative to the pit
and at least one of which is installed in an upgradient location relative to
the pit.
(5) The following is
required for each soil boring or groundwater monitoring well drilled.
(A) The drilling method shall allow for
periodic or continuous collection of soil samples for field screening and soil
characterization in order to adequately characterize site stratigraphy and
groundwater bearing zones.
(B) The
groundwater monitoring wells shall be completed by a certified water well
driller in accordance with 16 TAC Part 4, Chapter 76 (Water Well Drillers and
Water Well Pump Installers).
(C)
The groundwater monitoring wells shall be completed to penetrate the shallowest
groundwater zone, and the completion shall isolate that zone from any deeper
groundwater zone.
(D) The screened
interval of the groundwater monitoring wells shall be designed to intercept at
least five feet of groundwater.
(E)
The groundwater monitoring well screen shall extend above the static water
level.
(F) The sand pack size shall
be compatible with the well screen slot size, as well as the local
lithology.
(G) The groundwater
monitoring well heads shall be protected from damage by vehicles and heavy
equipment.
(H) The groundwater
monitoring wells shall be maintained in good condition with a lockable
watertight expansion cap.
(I) The
groundwater monitoring wells shall be able to provide a sample that is
representative of the groundwater underlying the site for the duration of pit
operations.
(J) The operator shall
retain the following information for three years after the monitoring wells are
plugged:
(i) a soil boring lithological log
for the well, with the soils described using the Unified Soil Classification
System (USCS) (equivalent to ASTM D 2487 and ASTM D 2488); the method of
drilling; well specifications; slotted screen type and slot size; riser and
screen length; bentonite and cement intervals; total depth; and the depth of
the first encountered groundwater or saturated soils;
(ii) a well installation diagram, detailing
construction specifications for each well;
(iii) a survey elevation for each well head
reference point to the top of the casing relative to a real or arbitrary
on-site benchmark or relative to mean sea level;
(iv) a table with recorded depth to water,
depth to top of casing, and adjusted depth to water data;
(v) an updated Site Plan and a potentiometric
surface map showing static water levels, the calculated gradient, and the
estimated direction of groundwater flow; and
(vi) the laboratory analytical reports and
the corresponding chain of custody from each groundwater sampling
event.
(6)
The operator shall sample the wells after installation of the wells is complete
and shall then sample the wells on a quarterly schedule.
(7) The wells shall be monitored and/or
sampled for the following parameters: the static water level, pH, and
concentrations of benzene, total petroleum hydrocarbons, total dissolved
solids, soluble cations (calcium, magnesium, potassium, and sodium), and
soluble anions (bromides, carbonates, chlorides, nitrates, and
sulfates).
(8) If any of the
parameters identified in paragraph (7) of this subsection indicate pollution:
(A) the operator shall notify the District
Director by phone or email within 24 hours of receiving the analytical results;
and
(B) the District Director will
determine whether additional remediation, monitoring, or other actions are
required.
(m)
Transfers. To transfer a Schedule B authorized pit, the new operator of the pit
shall:
(1) file a registration with the
Commission 30 days in advance of the effective date of the transfer;
and
(2) submit the financial
security required by this section by the effective date of the
transfer.
Notes
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