Section 4.202 - [Effective 7/1/2025] 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 Subchapter A of this chapter or § 3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste).(c) 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). Such recycling is authorized by this subchapter provided:(1) the operator of the disposal well treats, or contracts with a person for the treatment of the fluid;(2) the operator of the disposal well is responsible for all activities, including the recycling, that occurs on the lease;(3) the operator has obtained the applicable permits for pits or waste management units at the lease; (4) the operator has obtained financial security in accordance with § 3.78 of this title (relating to Fees and Financial Security Requirements);(5) the operator provides written notification to the 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(6) the operator provides written notification to the District Office within seven days of concluding recycling operations.(d) The provisions of this subchapter are in addition to the permitting requirements of Subchapter A of this chapter, which requires a permit for any pit not specifically authorized in Division 3 of Subchapter A of this chapter.(e) The provisions of this subchapter do not authorize discharge of oil and gas waste.(f) 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.(g) Permits issued pursuant to this subchapter prior to July 1, 2025, shall remain in effect pursuant to the rules in existence at the time the permits were issued and the requirements of the permits themselves, including the requirements for permit renewal. However, the Director may consider the operational, monitoring, and closure requirements on a case-by-case basis.16 Tex. Admin. Code § 4.202
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; Amended by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0089, eff. 7/1/2025