Section 4.170 - [Effective 7/1/2025] Additional Requirements for Reclamation Plants(a) Applicability. (1) This section is applicable to reclamation of tank bottoms and other oil and gas wastes generated through activities associated with the exploration, development, and production (including transportation) of crude oil and other waste materials containing oil, as those activities are defined in §4.110 of this title (relating to Definitions). (2) Removal of tank bottoms or other oil and gas wastes from any producing lease tank, pipeline storage tank, or other production facility, for reclaiming by any person, is prohibited unless such person has either obtained a permit to operate a reclamation plant or is an authorized person. Applicants for a reclamation plant operating permit shall file the appropriate form with the Technical Permitting Section. For purposes of this division, an "authorized person" is a tank bottoms cleaner or transporter that is under contract for disposition of untreated tank bottoms or other oil and gas wastes to a person who has obtained a permit to operate a reclamation plant. (3) The removal of tank bottoms or other oil and gas wastes from any facility for which monthly reports are not filed with the Commission shall be authorized in writing by an Oil Movement Letter issued by the Director or District Director prior to such removal. A written request for such authorization shall be sent to the District Director, and shall detail the location, description, estimated volume, and specific origin of the material to be removed as well as the name of the reclaimer and intended destination of the material. If the authorization is denied, the applicant may request a hearing. (4) No person shall remove basic sediment from any producing lease tank, pipeline storage tank, or other production facility unless authorized to do so by a waste hauler permit pursuant to Division 10 of this subchapter (relating to Requirements for Oil and Gas Waste Transportation). (5) Unless expressly authorized by permit, no person shall reclaim basic sediment and waste without a reclamation plant permit. (6) A reclamation plant is a commercial facility and is subject to Division 5 of this subchapter (relating to Additional Requirements for Commercial Facilities). (7) Reclamation plant permits that were issued pursuant to § 3.57 of this title (relating to Reclaiming Tank Bottoms, Other Hydrocarbon Wastes, and Other Waste Materials) before July 1, 2025 shall expire five years from July 1, 2025. Permits may be renewed pursuant to §4.122 of this title (relating to Permit Renewals, Transfers, and Amendments). (8) This section does not apply where basic sediment is recycled or processed on-site by the operator and returned to a tank or vessel at the same lease or facility. (9) This section does not apply to the recycling of drilling mud. This section does apply to unrefined hydrocarbons recovered from such mud that are sent to a permitted reclamation plant. (10) All reclamation plants shall be permitted. Satellite reclamation facilities, including waste storage facilities, are strictly prohibited. (b) Application. (1) In addition to the requirements of this division, all applicants for reclamation plant permits and permittees operating reclamation plants shall comply with the following: (A) Division 4 of this subchapter (relating to Requirements for all Permitted Waste Management Operations); (B) Division 5 of this subchapter (relating to Additional Requirements for Commercial Facilities); and (C) Division 6 of this subchapter (relating to Additional Requirements for Permitted Pits). (2) Each application for reclamation plant permit shall include: (A) a list of the waste types to be received; (B) a detailed description of the treatment process, equipment, and pits, storage, or on-site containment at the facility; (C) a description of the reclamation process rates and on-site storage capacity of waste and reclaimed material; and (D) the spill control plan for the facility. (3) Applicants for a reclamation plant permit shall file the application on the Commission-prescribed form or electronic system.16 Tex. Admin. Code § 4.170
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0084, eff. 7/1/2025