16 Tex. Admin. Code § 4.204

Current through Reg. 50, No. 1; January 3, 2025

Section 4.204 - [Effective 7/1/2025] Definitions

Unless a word or term is defined differently in this section, the definitions in Subchapter A of this chapter, § 3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste), and § 4.603 of this title (relating to Definitions), shall apply in this subchapter. In addition, the following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise:

(1) Adjoining--Every tract of property surrounding the tract of property upon which the activity sought to be permitted will occur, including those tracts that meet only at a corner point.

(2) Administratively complete--A complete application that the Director has determined meets all the administrative and technical requirements of the subchapter such that a permit shall be issued administratively or, if the application was protested, that the application will be referred to the Hearings Division.

(3) Berm (or dike)--A manmade barrier surrounding a pit, waste management unit, or facility, that is designed, constructed, and maintained to segregate materials, including waste and stormwater runoff, inside and outside of a pit, waste management unit, or facility.

(4) Commercial recycling facility--A facility whose owner or operator receives compensation from others for the storage, handling, treatment, and recycling of oil and gas wastes and the primary business purpose of the facility is to provide these services for compensation, whether from the generator of the waste, another receiver, or the purchaser of the recyclable product produced at the facility. The term includes recycling of solid oil and gas wastes on or off lease.

(5) Complete application--An application that contains information addressing each application requirement of the subchapter and all information necessary to initiate the final review by the Director.

(6) EPA Method 1312, Synthetic Precipitation Leaching Procedure (SPLP)--An analytical method used to evaluate the potential for leaching of metals and/or benzene into surface and subsurface water.

(7) Legitimate commercial product--A product of a type customarily sold to the general public for a specific use and for which there is a demonstrated commercial market.

(8) Legitimate commercial use--Use or reuse of a recyclable product as authorized or defined in a permit issued pursuant to this subchapter:

(A) as an effective substitute for a commercial product or as an ingredient to make a commercial product; or

(B) as a replacement for a product or material that otherwise would have been purchased; and

(C) in a manner that does not constitute disposal.

(9) Louisiana Department of Natural Resources Leachate Test Method--An analytical method designed to simulate water leach effects on treated oil and gas wastes included in "Laboratory Manual for the Analysis of E&P Waste," Louisiana Department of Natural Resources, May 2005.

(10) Off-lease or centralized commercial solid oil and gas waste recycling facility--A commercial recycling facility that is capable of being moved from one location to another, but which is generally in operation in one location for a period of time longer than one year, but less than two years that shall recycle solid oil and gas waste.

(11) Off-lease commercial fluid recycling facility--A commercial recycling facility that is capable of being moved from one location to another, but which is generally in operation in one location for a period of time longer than one year, but less than two years that shall recycle wellbore fluid produced from an oil or gas well, including produced formation fluid, workover fluid, and completion fluid, including fluids produced from the hydraulic fracturing process.

(12) On-lease commercial solid oil and gas waste recycling--Commercial recycling performed on an oil or gas lease or well site using equipment that moves from one location to another, at which all materials and wastes are stored in authorized pits and/or tanks, and restricted in the:

(A) amount of time, generally less than one year, operations occur at any one location;

(B) volume and source of the waste that may be processed at any one location;

(C) the type and characteristics of the waste; and

(D) size of the area used for recycling.

(13) Stationary commercial recycling facility--A commercial recycling facility in an immobile, fixed location for a period of greater than two years that recycles solid oil and gas waste or wellbore fluid produced from an oil or gas well, including produced formation fluid, workover fluid, and completion fluid, including fluids produced from the hydraulic fracturing process.

(14) Treatment--The process of reconditioning oil and gas waste to a reusable form.

(15) Treatment of drill cuttings--A manufacturing, mechanical, thermal, or chemical process other than sizing, shaping, diluting, or sorting.

16 Tex. Admin. Code § 4.204

The provisions of this §4.204 adopted to be effective December 4, 2006, 31 TexReg 9711; amended to be effective February 3, 2011, 36 TexReg 410; 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