In 1984, while Ronald Reagan was securing a landslide reelection and Apple introduced the Macintosh, the Railroad Commission of Texas (RRC) last updated the state’s primary oil and gas waste regulations. Now, 4 decades later, the RRC is revisiting these rules to better align them with modern industry practices and rising demands for stronger environmental protections.
Oil and gas extraction methods have evolved dramatically since the 1980s. Hydraulic fracturing and horizontal drilling have sparked a production boom, significantly increasing both the volume and complexity of waste generated. This waste includes drilling fluids, fracturing chemicals, and produced water—all of which, if mishandled, pose serious risks to soil, water, and public health.
While most oil and gas wastes are exempt from federal hazardous waste laws under the Resource Conservation and Recovery Act, states maintain broad authority to regulate their disposal and management. In Texas, the RRC oversees this responsibility. However, increasing environmental concerns and evolving industry practices have driven calls for regulatory updates, resulting in the recent revisions in the RRC’s rules.
Key Changes in the New Rules
The new rules, published in the Texas Administrative Code (TAC) on 3 January 2025, reflect a multiyear effort by the RRC to modernize waste management, encourage and expand recycling, and strengthen groundwater protections. These changes aim to balance industry needs with environmental stewardship, though their effect will depend on implementation and enforcement when they take effect on 1 July 2025.
- Oil and Gas Waste Pits and Produced Water Recycling Pits (16 TAC §§ 4.113–114)—A major change consolidates provisions from Statewide Rule 8 (Disposal of Oil and Gas Waste) and Rule 57 (Produced Water Recycling) into a new subchapter. Key updates include:
- Authorization for certain pits (e.g., reserve and mud circulation pits) to operate without a specific RRC permit, with new registration requirements
- Updated standards for pit liners, groundwater monitoring, and closure procedures
- Stricter location restrictions, construction standards, and closure requirements for produced water recycling pits
- Produced Water Recycling (16 TAC § 4.112)—One of the most significant shifts is facilitating produced water recycling. Operators can recycle produced water for reuse in drilling, hydraulic fracturing, and completion operations without requiring an RRC permit. However, they must still meet specific design, groundwater monitoring, and siting requirements. This change reflects growing interest in recycling as a solution to mitigate environmental risks, especially in areas such as the Permian Basin, where seismicity concerns are increasing.
- Transportation of Oil and Gas Waste (16 TAC §§ 4.190–195)—The new rules introduce enhanced accountability for waste transportation. Notable provisions include:
- Detailed manifests for waste characterization
- Special waste authorizations
- Enhanced recordkeeping for waste haulers, improving tracking and compliance
- Public Participation (16 TAC § 4.125)—To boost transparency and public involvement, the new rules require that affected individuals and entities be notified about permit applications for waste facility construction. The notice must include details about the application, the protest process, and the location of the proposed facility. Notices must be sent via registered or certified mail, and recipients have 30 days to protest. If a protest is filed, the applicant must respond within 30 days. If no protests are received, the permit may be issued. Protests may lead to a hearing, with notice given to all affected parties.
- Recycling Drill Cuttings (16 TAC §§ 4.301-302)—The rules aim to promote recycling of drill cuttings for beneficial use. Operators must comply with specific treatment and recycling requirements. The commission may approve permits for using treated drill cuttings in commercial products such as lease pads or roads, provided the products meet engineering standards, ensure public safety, and avoid water pollution.