• Cleanup Rules
Railroad Commission of Texas
Site Remediation – Cleanup Programs
Peter G. Pope, P.G.
Site Remediation Section
1
Cleanup Programs
Topics Covered
• Regulatory Authority
• Rules
• State Managed Cleanup Program
• Operator Cleanup Program
• Voluntary Cleanup Program
• Brownfields Response Program
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Railroad Commission
of Texas
History
• 1891 – Railroad Commission of Texas
Created
• 1917 – Regulation of Pipelines;
Conservation laws relating to oil and
natural gas production
3
Railroad Commission
of Texas
Mission Statement
The Railroad Commission serves Texas through:
• our stewardship of natural resources and the
environment;
• our concern for personal and community safety; and
• our support of enhanced development and economic
vitality for the benefit of Texans.
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RRC Jurisdiction
Regulation of: • Oil and natural gas primary production
• Pipelines
• Natural gas processing and natural gas
utilities
• Salt dome cavern storage
• Bulk storage of crude oil
• RRC commercial disposal facilities
• Liquid propane gas (LPG), compressed
natural gas (CNG), and liquid natural gas
(LNG) 5
6
Eagle Ford Statistics
• 10,255 on schedule
• Permits issued:
26 (2008) to 4,260 (9/2014)
• Oil production ~ 917,993 Bbl/day
• Gas Production ~ 4,337,372 Mcf/day
• Condensate ~ 249,480 Bbl/day
as of Oct 22, 2014
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Texas Pipelines June 2012
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RRC Cleanup Authority
Broad Statutory Authority Regarding the Control of
Pollution Resulting from Oil and Gas Waste
Natural Resources Code 91.101, adopted in
1977
Texas Water Code Section 26.131, adopted in
1977
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Oil and Gas Division Districts
Nine District
Offices for 12
Geographical
Districts
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RRC Cleanup Rules
• §3.8 – Water Protection Rule
• §3.20 – Notification Requirements
• §3.91 – Cleanup of Soil Contaminated by a Crude Oil
Spill
• §3.98 – Standards for Management of Hazardous Oil &
Gas Waste
• §4 D – Voluntary Cleanup Program
• §4 F – Disposal of NORM Waste • *Note: Does not include well plugging and other safety rules.
http://www.rrc.state.tx.us/rules/rule.php 11
Statewide Rule 8 - Water Protection
SWR 8(b): “No pollution. No person conducting
activities subject to regulation by the commission
may cause or allow pollution of surface or
subsurface water in the state.”
RRC Cleanup Rules
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Amendments to
SWR 8
Amended April 2013
• Encourages water conservation
• Authorizes non-commercial fluid recycling
• Streamlines permitting requirements
• Improves safety in waste hauling
Statewide Rule 20 - Release Notification Rule
Operators shall give immediate notice of a fire, leak, spill,
or break to the appropriate commission district office.
Notice shall be followed by a letter with full description of
the event, volume of crude oil, gas, geothermal resources,
other well liquids, or associated products lost.
RRC Cleanup Rules
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Statewide Rule 30 – Waste Jurisdiction
Memorandum of Understanding between RRC and Texas Commission on Environmental Quality (TCEQ)
“Railroad Commission of Texas solely responsible for the control and disposition of waste and the abatement and prevention of pollution of surface and subsurface water in the state from activities associated with the exploration, development, and production of oil and gas.”
RRC Cleanup Rules
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Statewide Rule 91 – Crude Oil Spills in
non-sensitive areas
Crude oil in non-sensitive areas to be cleaned up
to 1% total petroleum hydrocarbons (TPH)
Does not apply to condensate, crude oil spilled in
sensitive areas or crude oil spills that occurred
prior to November 1, 1993.
RRC Cleanup Rules
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Statewide Rule 91 – Summary
• Removal of free oil
• Horizontal & vertical delineation
• Excavate and dispose or if handling onsite:
• Prevent stormwater contamination
• Cleanup to less than1% TPH as soon as
technically feasible but no later than one year.
Cleanup of spills in sensitive areas are evaluated
on a case-by-case basis.
RRC Cleanup Rules
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Sensitive – defined in Rule 91:
*Proximity to surface water, wildlife refuges, commercial or
residential areas. The definition applies to sites where there
is shallow groundwater or possible pathways for
communication with deeper groundwater or discharges to
surface waters.
*Proximity is not defined.
RRC Cleanup Rules
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Cleanup Guidance
For condensate and crude spills in sensitive
areas
• http://www.rrc.state.tx.us/environmental/spills/spillcleanup.php
Cleanup Guidance
Other guidance available on request:
• COC Guidelines for Substances Released
• Produced Water
• Institutional Controls
• OCP Deliverables
• NORM
Statewide Rule 98 - Hazardous Oil & Gas Waste
Exempt Waste – Wastes uniquely associated with primary field
productions
Non-Exempt Waste – Wastes that are not uniquely associated with an
E&P activity
EPA Guidance for Oil and Gas exemption (en Español, tambien!)
EPA 530-K-01-004 (October 2002)
(http://www.epa.gov/epawaste/nonhaz/industrial/special/oil/oil-gas.pdf)
RRC Cleanup Rules
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Statewide Rule 4 Subchapter F
Naturally Occurring Radioactive Materials (NORM)
•Regulates disposal of NORM associated
with oil and gas E&P activities
•Requires identification of NORM
contaminated equipment
RRC Cleanup Rules
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RRC Cleanup Programs
Site Remediation Section
•State Managed Cleanup Program (SMCP)
•Operator Cleanup Program (OCP)
•Voluntary Cleanup Program (VCP)
•Brownfields Response Program (BRP)
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STATE MANAGED CLEANUP
PROGRAM
Use of State Funds for Cleanup
• When Responsible Operator fails or refuses to take action.
• Responsible Operator is unknown or cannot be found.
• Fund utilized to cleanup pollution of abandoned sites.
• Prioritization is based on public health, safety and the protection of the environment.
STATE MANAGED CLEANUP
PROGRAM
TYPES OF CLEANUP ACTIVITIES
• Emergencies
• Cleanups
• Assessments
• Abatements
Oil & Gas Regulation and Cleanup
SB 310 Funding Sources
• Regulatory fees, fines, penalties, and
charges for goods and services.
• Applications for exceptions to RRC rules
• Natural Gas Policy Act (15 U.S.C. Section
3301-3432 application).
• Administrative penalties for violations of
rules pertaining to E&P and pipelines.
• Drilling permit fees (to drill, deepen, plug
back, or reenter a well).
State Managed Site Remediation Program
Completed Cleanup Activities for
Fiscal Years 1992 – June 2014
PER FISCAL YEAR CUMULATIVE FY 1992-2014
Completions Yearly Costs Completions Cumulative Costs
1992 N/A 53 $47,867.78 53 $47,867.78
1993 N/A 79 $72,934.38 132 $120,802.16
1994 N/A 93 $112,303.45 225 $233,105.61
1995 N/A 144 $269,515.06 369 $502,620.67
1996 N/A 155 $402,883.87 524 $905,504.54
1997 N/A 213 $651,450.76 737 $1,556,955.30
1998 N/A 281 $1,199,826.59 1,018 $2,756,781.89
1999 N/A 291 $1,618,686.78 1,309 $4,375,468.67
2000 N/A 233 $2,192,118.05 1,542 $6,567,586.72
2001 N/A 229 $6,563,470.45 1,771 $13,131,057.17
2002 1,629 355 $4,099,021.29 2,126 $17,230,078.46
2003 1,543 326 $4,405,465.64 2,452 $21,635,544.10
2004 1,771 313 $4,137,435.28 2,765 $25,772,979.38
2005 1,597 292 $3,416,723.45 3,057 $29,189,702.83
2006 1,754 325 $3,866,617.22 3,382 $33,056,320.05
2007 1,758 308 $8,343,461.48 3,690 $41,399,781.53
2008 1,803 293 $4,500,452.59 3,983 $45,900,234.12
2009 1,849 323 $4,678,741.35 4,306 $50,578,975.47
2010 2,054 191 $2,841,861.42 4,497 $53,420,836.89
2011 2,011 200 $1,822,511.41 4,697 $55,243,348.30
2012 2,015 253 $5,291,395.97 4,950 $60,534,744.27
2013 2,036 280 $4,056,095.03 5,230 $64,590,839.30
2014 2,014 238 $2,521,046.53 5,468 $67,111,886.30
Fiscal YearCleanup
Candidates
Operator Cleanup Program
• Oversight of Operator-led cleanups to ensure
compliance with RRC rules.
• District Office - Non-sensitive area cleanups.
• Site Remediation Section in Austin - Oversight of sensitive area/complex site cleanups.
• Complexity = special assessment needs, risk-based cleanup, case-by-case
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Case-by-Case generally means:
• Risk-based site assessment
• Risk-based cleanup
• TRRP process*
* Texas Commission on Environmental Quality –
Texas Risk Reduction Program (TRRP) rule
Operator Cleanup Program
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Examples of COCs
• Crude Oil (BTEX, PAHs, TPH)
• Condensate (BTEX, PAHs, TPH)
• Drilling Mud (water-based) (TPH, Metals, pH,
Chloride, Sodium, Electrical Conductivity)
• Produced Water/Brine (BTEX, Chloride, Metals)
• Tank Bottoms (BTEX, PAHs, Metals, pH, TPH)
• Mercury Meters (Mercury, pH)
BTEX = Benzene, toluene, ethylbenzene, and xylenes
PAHs = Polycyclic aromatic hydrocarbons
Operator Cleanup Program
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Active Operator Cleanups by
District
599 Operator
Cleanup Program
Projects
As of 6 June 2014
57 114
21
51
18
154
26
143
15
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Public GIS Map Viewer for Oil, Gas
and Pipeline Data
• Map View of Operator Cleanup Program sites
• Select “Identify Operator Cleanup Site” under Map
Tools, and click on a green (active) or black triangle
(closed).
• Pop-up box with Site identification.
• http://www.rrc.state.tx.us/data/online/gis/index.php#
Operator Cleanup Program
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OCP ID 1774
SITE NAME Chapman Ranch
STATUS Active
COUNTY Nueces
DISTRICT 04
LATITUDE 27.6275
LONGITUDE -97.50194
Public GIS Map Viewer
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• Provides incentive to lenders, developers,
owners, and operators who did not cause or
contribute contamination.
• Applies to waste cleanups under Railroad
Commission jurisdiction.
• Offers the applicant a release of liability to
the state.
Voluntary Cleanup Program
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http://www.rrc.state.tx.us/oil-gas/environmental-cleanup-
programs/site-remediation/voluntary-cleanup-program/
RRC Brownfields Program
• U.S. Environmental Protection Agency
State Brownfields Program
• "brownfield”means real property, the
expansion, redevelopment, or reuse of
which may be complicated by the
presence or potential presence of a
hazardous substance, pollutant, or
contaminant.
Helping local communities!
RRC Brownfields Program
• Offer free Assessments and Cleanup to
local governments, non-profits, schools,
churches
• Brownfields Certificate of Completion
• Contact Kelly Wilson for information
(512) 475-0730
http://www.rrc.state.tx.us/oil-gas/environmental-cleanup-
programs/site-remediation/grant-cleanup-programs/brp/
Helping local communities!
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State Managed
• Offshore Cleanups
• Waste Management
Trends/Developing Issues
38
Voluntary Cleanup/Brownfields
• Increased applications
Operator Cleanup
• Urban Encroachment
• Enforcement Cases
State Managed - Whittington
State Managed – Recycling
Facility
30,000 BBL Storage Tank
Samson Young Gas Unit, Well #3, Rusk
County • Landowner complaint about distressed vegetation in a
boggy area
• Salinity contamination in creek
• Electromagnetic survey identified a flow-back pit
• Removed 6,000 cubic yards of reserve/flow-back pit soils
• Installed monitoring wells and a sump to remove
contaminated groundwater
Operator Cleanup Program
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51
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53
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Samson Young Gas Unit, Well #3, Rusk County
Pumped 39,434 barrels of water from the sump
Operator Cleanup Program
Date
Chloride in MW-3
Mg
/L
55
Historic Pipeline Release, Montgomery County
• Landowner complaint of hydrocarbons seeping through
cracks in concrete wall of swimming pool
• Identified exposed pipeline near the pool
• Montgomery County Appraisal files indicate a 1954
inactive crude oil pipeline easement transects the property
Operator Cleanup Program
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Abandoned Pipeline
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Northview Apartments, Kilgore
Affordable Housing
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Northview Apartments
• Application received November 2008
• Phase II ESA performed by RRC
• No impacts identified
• Cost savings $21K
• Site closed March 2009
• 25 construction jobs and two permanent positions created
• Leveraging with $2M loan with TDHCA
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Turtle Bayou Site,
Chambers County
522-Acre Site slated to be used for water quality protection and a nature preserve managed by the Galveston Bay Foundation
Actions
• 18 abandoned oil and gas wells being plugged with state funds
• Delineating hydrocarbons and chloride impacts
Benefits
• Green space, wildlife habitat, water quality.
Turtle Bayou Site,
Chambers County
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Any Questions? Aimee Beveridge, P.G
Peter G. Pope, Site Remediation
512-463-8202
4Pe63-7995