SECTION 4.202. Applicability and Exclusions

(a) The provisions of this subchapter apply to the following categories of commercial recycling:

(1) on-lease commercial recycling of solid oil and gas waste;

(2) off-lease or centralized commercial solid oil and gas waste recycling;

(3) stationary commercial solid oil and gas waste recycling;

(4) off-lease commercial recycling of fluid; and

(5) stationary commercial recycling of fluid.

(b) The provisions of this subchapter do not apply to recycling methods authorized for certain wastes by §3.8 of this title (relating to Water Protection); §3.57 of this title (relating to Reclaiming Tank Bottoms, Other Hydrocarbon Wastes, and Other Waste Materials); or §3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste).

(c) The provisions of this subchapter do not apply to non-commercial fluid recycling. Such recycling is subject to the requirements of §3.8 of this title.

(d) The permitting provisions of this subchapter do not apply to the recycling of fluid received at a commercial disposal well operated pursuant to permit issued under §3.9 of this title (relating to Disposal Wells) or §3.46 of this title (relating to Fluid Injection into Productive Reservoirs), provided the operator of the disposal well treats, or contracts with a person for the treatment of the fluid; the operator of the disposal well is responsible for all activities, including the recycling, that occurs on the lease; and has obtained financial security in accordance with §3.78 of this title (relating to Fees and Financial Security Requirements); provides written notification to the appropriate district office seven days before recycling operations are expected to begin and includes information on how fluids will be controlled and contained during recycling operations; and provides written notification to the appropriate district office within seven days of concluding recycling operations. Such recycling is authorized by this subchapter.

(e) The provisions of this subchapter are in addition to the permitting requirements of §3.8 of this title, which requires a permit for any pit not specifically authorized in the rule.

(f) The provisions of this subchapter do not authorize discharge of oil and gas waste.

(g) The provisions of this subchapter do not apply to recycling facilities regulated by the Texas Commission on Environmental Quality or its predecessor or successor agencies, another state, or the federal government.

Source Note: The provisions of this §4.202 adopted to be effective December 4, 2006, 31 TexReg 9711; amended to be effective April 15, 2013, 38 TexReg 2334