Section 4.302 - [Effective 7/1/2025] Additional Permit Requirements for Activities Related to the Treatment and Recycling for Beneficial Use of Drill Cuttings(a) An applicant for a permit to treat and recycle drill cuttings for beneficial use shall show that there is a demonstrated commercial market for the treated drill cuttings. The applicant may make this showing by providing: (1) evidence that the same product made with drill cuttings or a product that is substantially similar is commonly used in the area where the product is created;(2) evidence of actual commitments from customers who intend to use the product made with drill cuttings, including information regarding the volume of product the customers intend to use annually; or(3) other credible and verifiable means consistent with the rules in this chapter.(b) An applicant for a permit to treat and recycle drill cuttings for beneficial use shall perform a trial run in accordance with the following procedure. (1) The applicant shall notify the Commission District Office for the county in which the facility is located prior to commencement of the trial run.(2) The applicant shall demonstrate the ability to successfully process a 1,000 cubic yard batch of drill cuttings before the facility receives or processes any additional drill cuttings.(3) The applicant shall collect samples of the treated drill cuttings from every 200 cubic yards of the first 1,000 cubic yard batch.(4) Samples collected shall be analyzed and shall not exceed the parameters specified in Figure 1 or Figure 2 in subsection (c) of this section, as applicable.(5) A written report of the results from the trial run prepared by a professional engineer licensed in Texas shall be submitted to the District Office and the Technical Permitting Section within 60 days of receipt of the analytical requirement in § 4.258 of this title (relating to Minimum Permit Provisions for Operations). The report shall include: (A) a summary of the trial run and description of the process;(B) the actual volume of drill cuttings processed;(C) the type of waste and description of the waste material;(D) the volume and type of each stabilization material used; and(E) copies of all chemical and geotechnical laboratory analytical reports and chain of custody sheets for the samples required in paragraph (3) of this subsection, as applicable.(6) The applicant shall notify the District Office for the county in which the facility is located and the Technical Permitting Section at least 72 hours before processing begins. No additional drill cuttings shall be received or processed while the results of the trial run are being reviewed by the Technical Permitting Section. Any legitimate commercial product produced during the trial run shall not be used until the Technical Permitting Section has received the trial run reports and provides written confirmation that the trial run requirements have been met.(c) In addition to the permit standards under this subchapter, beneficial uses for treated and recycled drill cuttings shall meet the following criteria. (1) For use of treated and recycled drill cuttings in a legitimate commercial product for the construction of oil and gas lease pads and oil and gas lease roads, the following requirements shall apply. (A) Bench scale tests shall be performed as needed to determine optimum mixing composition. If the composition mixture changes from the treated drill cuttings produced during the trial run, the treated drill cuttings shall be analyzed for wetting and drying durability by ASTM 559-96, modified to provide samples that are compacted and molded from finished treated drill cuttings. Total weight loss after 12 cycles shall not exceed 15%.(B) A sample of the treated drill cuttings shall be tested for the parameters listed in Figure 1 in this subsection for the trial run required by subsection (b) of this section and for every 800 cubic yard batch of treated drill cuttings produced thereafter. Each 800 cubic yard sample shall be composed of a composite of four sub-samples obtained at 200 cubic yard intervals. Each sample shall have a complete chain of custody and shall be analyzed for the parameters on Figure 1 in this subsection.(C) Any treated drill cuttings not meeting the limitations specified in Figure 1 in this subsection shall be returned to the mixing cycle, reprocessed, and reanalyzed until the drill cuttings meet the required parameters or shall be disposed of in accordance with Commission rules. Attached Graphic
(2) The Commission may require that use of treated drill cuttings in legitimate commercial products other than those described in paragraph (1) of this subsection comply with criteria in addition to those specified in this section.16 Tex. Admin. Code § 4.302
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0101, eff. 7/1/2025