1. Panel Discussion Oil and Gas Waste Management in Texas Chance Goodin and Diane Goss Texas Commission on Environmental Quality (TCEQ) Grant Chambless, P.G. and David Cooney Railroad Commission of Texas (RRC) TCEQ Environmental Trade Fair 2015

2. Oil & Gas (O&G) Waste Management in Texas Statutory Background Natural Resources Code §91.1011 defines oil and gas (O&G) waste Texas Health & Safety Code §361.003(34) excludes O&G exploration and production (E&P) waste from definition of “solid waste”

3. O&G Waste Management in Texas Memorandum of Understanding (MOU) between RRC and TCEQ MOU via rulemaking –16 Tex. Admin. Code § 3.30 Need for agreement – statutory directive Statement of how agencies implement the division of jurisdiction

4. Oil & Gas Waste Management in Texas Increased coordination between state agencies to ensure safe management of O&G wastes

5. O&G Waste Disposal at MSW Landfills In general, RRC regulates O&G waste in Texas RRC authorizes commercial & non-commercial management of O&G waste TCEQ regulates solid waste

6. O&G Waste Management at TCEQ-Authorized Facilities RRC must specifically authorize management of wastes under its jurisdiction at facilities regulated by TCEQ Concurrence of TCEQ is required to manage O&G under RRC jurisdiction at a TCEQ facility Waste disposal subject to TCEQ rules for “special waste” and industrial waste –30 Tex. Admin. Code §330.3(148) –16 Tex. Admin. Code §3.30.(e)(3)

7. O&G Waste Disposal at MSW Landfills Waste disposal subject to TCEQ rules for “special waste” and industrial waste –30 Tex. Admin. Code §330.3(148) –16 Tex. Admin. Code §3.30.(e)(3) Disposal of O&G waste as special waste must be authorized by: –Facility permit, or –Case-by-case via TCEQ Form -0152

8. O&G Waste Disposal at MSW Landfills Criteria: Meet MSW permit conditions No free liquids - “paint filter test” Constituents of concern (COC) –Table 1, Appendix 1 of 30 TAC, 335 Subchapter R –Not exceed hazardous limits Class 1 limits Benzene and RCRA 8 metals Total Petroleum Hydrocarbons (TPH) –TPH <1,500 ppm – Type I landfill –TPH ≥ 1,500 ppm - Class 1 cell

9. MSW Landfills Accepting Class 1 Waste

10. What’s New? Used Oil and Used Oil filters generated under RRC jurisdiction and managed in accordance with 40 CFR Part 279: –Subject to TCEQ Used Oil requirements Domestic waste (sewage) generated under RRC jurisdiction and transported offsite: –Subject to TCEQ transporter requirements

11. What’s New? RRC issues permits authorizing O&G waste separation activities conducted at MSW Landfills –RRC & TCEQ coordination NORM waste Household like garbage generated at temporary O&G worker housing located on an O&G lease – TCEQ jurisdiction – Not required to be managed as special waste

12. Contact Information Texas Commission on Environmental Quality P. O. Box 13087, MC-130 Austin, TX 78711-3087 Phone: 512-239-2335 Fax: 512-239-2007