Section 4.115 - [Effective 7/1/2025] Schedule B Authorized Pits(a) Schedule B authorized pits. A produced water recycling pit is a Schedule B authorized pit.(b) A produced water recycling pit may be located on a tract of land that is not on an oil and gas lease operated by the operator of the produced water recycling pit.(c) Financial security requirements.(1) Pursuant to Natural Resources Code § 91.109(a), the operator of a produced water recycling pit shall maintain a performance bond or other form of financial security conditioned that the operator will operate and close the produced water recycling pit in accordance with this subchapter.(2) For each produced water recycling pit an operator shall file financial security in one of the following forms: (A) a blanket performance bond; or(B) a letter of credit or cash deposit in the same amount as required for a blanket performance bond.(3) An operator required to file financial security under paragraph (1) of this subsection shall file one of the following types and amounts of financial security. (A) A person operating five or less pits may file a performance bond, letter of credit, or cash deposit in an amount equal to $1.00 per barrel of total pit capacity.(B) A person operating more than five pits may file a performance bond, letter of credit, or cash deposit in an amount equal to: (i) the greater of $1.00 per barrel of water for ten percent of an operator's total produced water recycling pit capacity or $1,000,000; or(ii) $200,000 per pit, capped at $5,000,000.(4) The operator shall submit required financial security at the time the operator registers the produced water recycling pit.(5) The operator shall submit bonds and letters of credit on forms prescribed by the Commission.(d) Non-commercial fluid recycling pits authorized prior to July 1, 2025. Non-commercial fluid recycling pits that were authorized pursuant to and compliant with § 3.8 of this title (relating to Water Protection) as that rule existed prior to July 1, 2025 are authorized as produced water recycling pits under this section, provided the operator registers the pit and files the required financial security by January 1, 2026.(e) Produced water recycling pit contents. A person shall not deposit or cause to be deposited into a produced water recycling pit any oil field fluids or oil and gas wastes other than those fluids described in §4.110(75) of this title (relating to Definitions) and any fluids authorized by the Director pursuant to §4.112(a)(3) of this title (relating to Authorized Recycling).(f) General location requirements for produced water recycling pits. No produced water recycling pit shall be located:(1) on a barrier island or a beach;(2) within 300 feet of surface water;(3) within 500 feet of any public water system well or intake;(4) within 300 feet of any domestic water well or irrigation water well, other than a well that supplies water for drilling or workover operations or any other process for which the pit is authorized;(5) within a 100-year flood plain; or(6) within 500 feet of a public area.(g) General design and construction requirements for produced water recycling pits. All produced water recycling pits shall comply with the following requirements. (1) The operator shall design and construct a produced water recycling pit to ensure the confinement of fluids to prevent releases.(2) A produced water recycling pit shall be large enough to ensure adequate storage capacity of the volume of material to be managed and to maintain two feet of freeboard plus the capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event.(3) A produced water recycling pit shall be designed and constructed to prevent non-contact stormwater runoff from entering the pit. A berm, ditch, proper sloping, or other diversion shall surround a produced water recycling pit to prevent run-on of any surface waters including precipitation.(4) A produced water recycling pit shall have a properly constructed foundation and interior slopes consisting of a firm, unyielding base, smooth and free of rocks, debris, sharp edges, or irregularities to prevent the liner's rupture or tear. The operator shall construct a produced water recycling pit so that the slopes are no steeper than three horizontal feet to one vertical foot (3H:1V). The District Director may approve an alternative to the slope requirement if the operator demonstrates that it can construct and operate the produced water recycling pit in a safe manner to prevent pollution of surface and subsurface water and protect public health, public safety, and the environment.(5) Produced water recycling pits shall be lined.(A) The liner shall be constructed of materials that have sufficient chemical and physical properties, including thickness, to prevent failure during the expected life of the produced water recycling pit due to pressure gradients (including static head and external hydrogeologic forces), physical contact with material in the pit or other materials to which the liner may be expected to be exposed, climatic conditions, stress of installation, and use.(B) All of the pit shall be lined, including the dike or berm, and the liner shall be properly anchored or keyed into the native substrate to prevent erosion or washout of the dike, berm, or liner.(C) A liner may be constructed of either natural or synthetic materials.(D) A liner constructed of natural materials shall meet the following requirements: (i) A natural liner shall only be used for a produced water recycling pit with an active life of less than one year.(ii) A natural liner shall be constructed of a minimum of two feet of compacted fat clay, placed in continuous six-inch lifts compacted to a 95% standard proctor as defined in ASTM D698 and having a hydraulic conductivity of 1.0 x 10 7 cm/sec or less. Where natural liner materials are used, the operator shall perform appropriate testing to ensure compliance with these requirements and shall maintain copies of the test results for the life of the pit.(iii) A produced water recycling pit with a natural liner shall not be used for waste disposal pursuant to §4.111 of this title (relating to Authorized Disposal Methods for Certain Wastes) unless the pit also has a synthetic liner.(E) A synthetic liner shall meet the following requirements:(i) A synthetic liner shall be placed upon a firm, unyielding foundation or base capable of providing support to the liner, smooth and free of rocks, debris, sharp edges, or irregularities to prevent the liner's rupture or tear.(ii) A synthetic liner shall be underlain by a geotextile where needed to reduce localized stress, strain, or protuberances that may otherwise compromise the liner's integrity.(iii) A synthetic liner shall be made of an impermeable geomembrane capable of resisting pressure gradients above and below the liner to prevent failure of the liner.(iv) A synthetic liner shall have a breaking strength of 40 pounds per inch using test method ASTM D882.(v) A synthetic liner shall have a puncture resistance of at least 15 pounds force using test method ASTM D4833.(vi) The length of synthetic liner seams shall be minimized, and the seams shall be oriented up and down, not across, a slope. The operator shall use factory welded seams where possible. Prior to field seaming, the operator shall overlap liners four to six inches. The operator shall minimize the number of field seams in corners and irregularly shaped areas. Qualified personnel shall field weld and test liner seams. A synthetic liner shall have a seam strength, if applicable, of at least 15 pounds per inch using test method ASTM D751 or ASTM D6392.(h) General operating requirements for produced water recycling pits. All produced water recycling pits shall be operated in accordance with the following requirements. (1) Freeboard of at least two feet plus capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event shall always be maintained in produced water recycling pits.(2) Equipment, machinery, waste, or other materials that could reasonably be expected to puncture, tear, or otherwise compromise the integrity of the liner shall not be used or placed in lined pits.(3) Operators shall establish an inspection program to ensure compliance with the applicable provisions of this section taking into consideration the nature of the pit and frequency of use.(4) If the operator does not propose to empty the produced water recycling pit and inspect the pit liner on at least an annual basis, the operator shall install a double liner and leak detection system. A leak detection system shall be installed between a primary and secondary liner. The leak detection system shall be monitored monthly to determine if the primary liner has failed. The primary liner has failed if the volume of water passing through the primary liner exceeds the action leakage rate, as calculated using accepted procedures, or 1,000 gallons per acre per day, whichever is larger.(5) The operator of a produced water recycling pit shall keep records to demonstrate compliance with the pit liner integrity requirements and shall make the records available to the Commission upon request.(6) Free oil shall not be allowed to accumulate on or in a produced water recycling pit.(i) General closure requirements for produced water recycling pits. All produced water recycling pits shall comply with the following closure requirements. (1) Prior to closure of the pit, the operator shall dewater the pit.(2) Prior to closure of the pit, all waste shall be removed from the pit unless the requirements of subsection (k) of this section are met.(j) Closure requirements for produced water recycling pits if all waste is removed for disposal. (1) The contents of the pit, including synthetic liners, if applicable, shall be removed for disposal at an authorized or permitted waste facility.(2) The operator shall verify whether oil and gas waste has migrated beyond the pit floor and sidewalls.(3) The operator shall collect one five-point composite soil sample for each acre of pit surface area. The five-point composite sample shall be collected from the native soil on the pit floor. A fraction of an acre of pit surface area will require a composite sample. (A) The samples shall be analyzed for the constituents and using the methods identified in the figure in this subsection to determine whether the constituent concentrations exceed the limit in the figure or background concentrations.(B) If the operator intends to use background soil concentrations as a closure standard, then constituent concentrations in background soil shall be determined before or during pit construction. To establish background concentrations, the operator shall: (i) sample soil in the pit floor locations before or during pit construction;(ii) collect one five-point composite soil sample for each acre of pit surface area. The five-point composite sample shall be collected from the native soil on the pit floor. A fraction of an acre of pit surface area will require a composite sample; and(iii) analyze the soil samples for the constituents listed in the figure in this subsection.(C) If the concentration of the constituents exceeds the limits in the figure in this subsection or the concentrations determined from background sampling and analysis, the operator shall notify the District Director within 24 hours of discovery of the constituent exceedance. (i) The District Director may refer the matter to the Site Remediation Unit in Austin.(ii) The operator shall follow instructions provided by the District Director or Site Remediation regarding further investigation, remediation, monitoring, closure, and reporting.(D) If the concentration of the constituents does not exceed the limits in the figure in this subsection or background concentrations, the operator shall proceed with closure. (i) The operator shall backfill the pit with non-waste containing, uncontaminated, earthen material.(ii) The backfill shall be compacted in a manner that minimizes future consolidation, desiccation, and subsidence.(iii) The operator shall mound or slope the former pit site to encourage runoff and discourage ponding.(iv) The operator shall, where necessary to ensure ground stability and prevent significant erosion, vegetate the former pit site in a manner consistent with natural vegetation in undisturbed soil in the vicinity of the pit.(E) The operator shall notify the District Director a minimum of seven days prior to closure of the produced water recycling pit and shall maintain documentation for a period of three years to demonstrate that the requirements of this section have been met. Attached Graphic
(k) Closure requirements for produced water recycling pits if waste will be buried in place pursuant to §4.111 of this title.(1) The operator shall ensure that any oil and gas waste, including synthetic liners, that will be disposed of in the pit as authorized by §4.111 of this title is buried in a manner such that the waste will remain below the natural ground surface and be confined to the original dimensions of the pit.(2) The operator shall determine the suitability of the waste material or mixture for disposal in the pit. (A) The operator shall collect one five-point composite waste material or mixture sample for each acre of pit surface area. A fraction of an acre of pit surface area will require a composite sample.(B) The samples shall be analyzed for the constituents and using the methods identified in the figure in this subsection to determine whether the constituent concentrations are below the limit in the figure or background concentrations.(C) If the operator intends to use background soil concentrations as a closure standard, then constituent concentrations in background soil shall be determined before or during pit construction. To establish background concentrations, the operator shall: (i) sample soil in the pit floor locations before or during pit construction;(ii) collect one five-point composite soil sample for each acre of pit surface area. The five-point composite sample shall be collected from the native soil on the pit floor. A fraction of an acre of pit surface area will require a composite sample; and(iii) analyze the soil samples for the constituents listed in the figure in this subsection.(3) Waste material that meets the constituent limits in the figure in subsection (j) of this section or background concentrations may be buried in the pit without additional disposal considerations.(4) Untreated waste material that does not meet the constituent limits in the figure in subsection (j) of this section may be buried by containment in a pit if: (A) the pit has a double liner with a leak detection system or has a single liner for which the operator demonstrates the liner is intact and maintains the liner intact;(B) the waste material is covered with a geonet to support the overburden fill material; and(C) the pit is backfilled, sufficiently compacted, and contoured to prevent water infiltration into the waste zone.(5) Treated waste material that meets the constituent limits in the figure in this subsection based on the distance from the bottom of the pit to the shallowest groundwater may be buried in the pit. Liners in the pit may be removed from the pit or disposed of in the pit upon closure.(6) The operator shall proceed with closure as follows:(A) The operator shall backfill the pit with non-waste containing, uncontaminated, earthen material.(B) The backfill shall be compacted in a manner that minimizes future consolidation, desiccation, and subsidence.(C) The operator shall mound or slope the burial pit site to encourage runoff and discourage ponding.(D) The operator shall, where necessary to ensure ground stability and prevent significant erosion, vegetate the former pit site in a manner consistent with natural vegetation in undisturbed soil in the vicinity of the pit.(7) The operator shall notify the District Director a minimum of seven days prior to closure of the produced water recycling pit and shall maintain documentation for a period of three years to demonstrate that the requirements of this section have been met.(8) The Commission may require the operator to close a produced water recycling pit in a manner other than the manner described in this section if it determines that oil and gas wastes or oil field fluids are likely to escape from the pit, that oil and gas wastes or oil field fluids may cause or are causing pollution, and/or that the pit is being used in a manner inconsistent with Commission rules. Attached Graphic
(9) If groundwater monitoring wells are required pursuant to subsection (l) of this section, then groundwater monitoring shall continue on the same terms for at least five years after the produced water recycling pit has been closed.(l) Groundwater monitoring requirements for Schedule B authorized pits.(1) For all Schedule B authorized pits, the operator shall evaluate whether groundwater is likely to be present within 100 feet of the ground surface. The operator shall review readily available public information to evaluate whether groundwater is likely to be present within 100 feet of the ground surface. The presence of a water well within a one-mile radius of the pit that produced or produces water from a depth of 100 feet or less indicates groundwater is likely to be present within 100 feet of the ground surface. If the operator cannot determine whether groundwater is likely to be present within 100 feet of the ground surface based on a review of readily available public information, the operator shall obtain location-specific subsurface information to establish the presence or absence of groundwater within 100 feet of the ground surface.(2) Operators of Schedule B authorized pits located in areas where groundwater is not likely to be present within 100 feet of the ground surface are not required to perform groundwater monitoring.(3) Operators of Schedule B authorized pits located in areas where groundwater is likely to be present within 100 feet of the ground surface are required to perform groundwater monitoring in accordance with paragraph (4) of this subsection unless: (A) the pit has a double synthetic liner with an operational leak detection system; or(B) the pit has a liner and an active life of less than one year.(4) When groundwater monitoring is required under this subsection, the operator shall install at least three groundwater monitoring wells, at least two of which are installed in a hydrologic downgradient location relative to the pit and at least one of which is installed in an upgradient location relative to the pit.(5) The following is required for each soil boring or groundwater monitoring well drilled. (A) The drilling method shall allow for periodic or continuous collection of soil samples for field screening and soil characterization in order to adequately characterize site stratigraphy and groundwater bearing zones.(B) The groundwater monitoring wells shall be completed by a certified water well driller in accordance with 16 TAC Part 4, Chapter 76 (Water Well Drillers and Water Well Pump Installers).(C) The groundwater monitoring wells shall be completed to penetrate the shallowest groundwater zone, and the completion shall isolate that zone from any deeper groundwater zone.(D) The screened interval of the groundwater monitoring wells shall be designed to intercept at least five feet of groundwater.(E) The groundwater monitoring well screen shall extend above the static water level.(F) The sand pack size shall be compatible with the well screen slot size, as well as the local lithology.(G) The groundwater monitoring well heads shall be protected from damage by vehicles and heavy equipment.(H) The groundwater monitoring wells shall be maintained in good condition with a lockable watertight expansion cap.(I) The groundwater monitoring wells shall be able to provide a sample that is representative of the groundwater underlying the site for the duration of pit operations.(J) The operator shall retain the following information for three years after the monitoring wells are plugged:(i) a soil boring lithological log for the well, with the soils described using the Unified Soil Classification System (USCS) (equivalent to ASTM D 2487 and ASTM D 2488); the method of drilling; well specifications; slotted screen type and slot size; riser and screen length; bentonite and cement intervals; total depth; and the depth of the first encountered groundwater or saturated soils;(ii) a well installation diagram, detailing construction specifications for each well;(iii) a survey elevation for each well head reference point to the top of the casing relative to a real or arbitrary on-site benchmark or relative to mean sea level;(iv) a table with recorded depth to water, depth to top of casing, and adjusted depth to water data;(v) an updated Site Plan and a potentiometric surface map showing static water levels, the calculated gradient, and the estimated direction of groundwater flow; and(vi) the laboratory analytical reports and the corresponding chain of custody from each groundwater sampling event.(6) The operator shall sample the wells after installation of the wells is complete and shall then sample the wells on a quarterly schedule.(7) The wells shall be monitored and/or sampled for the following parameters: the static water level, pH, and concentrations of benzene, total petroleum hydrocarbons, total dissolved solids, soluble cations (calcium, magnesium, potassium, and sodium), and soluble anions (bromides, carbonates, chlorides, nitrates, and sulfates).(8) If any of the parameters identified in paragraph (7) of this subsection indicate pollution: (A) the operator shall notify the District Director by phone or email within 24 hours of receiving the analytical results; and(B) the District Director will determine whether additional remediation, monitoring, or other actions are required.(m) Transfers. To transfer a Schedule B authorized pit, the new operator of the pit shall:(1) file a registration with the Commission 30 days in advance of the effective date of the transfer; and(2) submit the financial security required by this section by the effective date of the transfer.16 Tex. Admin. Code § 4.115
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0070, eff. 7/1/2025