Oil and Gas Lawyer Blog
Last month the Railroad Commission published proposed revisions to its rules governing the handling of oilfield waste. This is a comprehensive rewrite of its rules that had not been revised since 1984. The Commission has been working on these revisions for a year. The published proposed rules can be found here. A good article summarizing the changes being considered, from Inside Climate News, can be seen here.
Oilfield waste governed by the rule includes frac water, produced water, and pits used by operators when drilling and completing wells. One purpose of the rules is to protect groundwater. But reserve pits, used to handle waste produced during drilling, aren’t required to be lined to prevent seepage into groundwater unless the groundwater is within 50 feet of the bottom of the pit. No permit is required for reserve pits. Commission Shift, which advocates for reforming Commission practices, has published its critique of the proposed rules, found here.
Comments on the proposed rule can be posted on the Commission website. The comment period ends on September 30.
Mineral owners who also own the surface estate should address how and when earthen pits can be used on their land and whether and how waste can be disposed of on the land. A lease can require pits to be lined, and can prohibit burial of waste, a practice authorized by the proposed rule.