16 TAC §3.98
The Railroad Commission of Texas proposes to amend §3.98,
relating to standards for management of hazardous oil and gas waste. The amendment
to subsection (u) requires that annual reports be submitted on the form prescribed
by the commission rather than the form prescribed by the United States Environmental
Protection Agency. This amendment will allow the use of a new reporting form
developed by the commission, Form H- 21. The commission anticipates that this
form will be easier for affected operators to complete and information provided
will be in a form more readily usable by the commission.
The commission also proposes the repeal of subsection (cc) which set out
the effective date of the original rule. This subsection is no longer necessary.
Terri Eaton, staff attorney in the Office of General Counsel, has determined
that during each year of the first five years the proposed amendments are
in effect, there will be no fiscal impacts associated with their adoption.
Ms. Eaton also has determined that during each year of the first five years
the proposed amendments are in effect, there will be no increased costs to
the affected members of the regulated community associated with their adoption.
The commission anticipates that annual reports will have to be filed by about
40 operators each year. The form will be readily available to these operators
and there will be no additional costs associated with completion of this form
in lieu of the parallel form prescribed by the United States Environmental
Protection Agency.
Ms. Eaton has determined that the public benefit associated with use of
the commission-prescribed form will be greater ease of form completion and
greater utility of information submitted to the commission on the form. The
public benefit associated with deletion of an unnecessary provision will be
streamlined rules that are more accessible and understandable to the public.
Comments on the proposed amendment should be submitted to Terri Eaton,
Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967, on or before 5:00 p.m. on the 10th day after publication
of the proposed amendment in the
Texas Register
.
The amendments to §3.98 are proposed under Texas Natural
Resources Code, §81.052, which authorizes the commission to adopt all
necessary rules for governing and regulating activities under its jurisdiction
as set forth in Texas Natural Resources Code, §81.051; Texas Natural
Resources Code, §85.042, which authorizes the commission to make and
enforce rules pertaining to field operations that pose a danger to life or
property; Texas Natural Resources Code, §141.012, which authorizes the
commission to adopt rules relating to the exploration, production, and development
of geothermal energy and associated resources; Texas Natural Resources Code,
§91.101(4), which authorizes the commission to adopt rules relating to
the discharge, storage, handling, transportation, reclamation, or disposal
of oil and gas waste, as well as any other substance or material associated
with any operation regulated by the commission under Texas Natural Resources
Code, §91.101; Texas Natural Resources Code, §91.602, which authorizes
the commission to adopt rules relating to the generation, transportation,
treatment, storage, or disposal of hazardous oil and gas waste; and Texas
Water Code, §27.036, which authorizes the commission to adopt rules relating
to brine mining.
The Texas Natural Resources Code, §§81.052, 85.042, 91.101, 91.601-605,
and 141.001-141.018; and Texas Water Code §27.036, are affected by the
proposed amendments.
§3.98. Standards for Management of Hazardous Oil and Gas Waste.
(a)-(t)
(No change.)
(u)
Reporting.
(1)
Annual Reports. Any generator who is classified as an LQG
or SQG during any calendar month of a calendar year shall prepare and submit
a single copy of an annual report to the commission on the
annual
[
biennial
] reporting form prescribed by the
commission, Form
H-21
[
EPA (currently EPA Form 8700- 13A
]. The report shall
be filed on or before the first day of March of the following calendar year
and shall be accompanied by the fee assessed under the provisions of subsection
(z) of this section. The annual report
shall
[
must
]
contain a certification signed by the generator. The annual report
shall
[
must
] cover activities occurring at the generation site
during the month(s) of the reporting year that the site was classified as
a small or large quantity generation site, and
shall
[
must
] include the following information:
(A)-(G)
(No change.)
(2)-(3)
(No change.)
(v)-(bb)
(No change.)
[
(cc)
Effective date. The provisions of this
section shall operate prospectively and shall take effect at midnight on March
31, 1996.
]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
February 10, 1999.
TRD-9900871
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: March 28, 1999
For further information, please call: (512) 463-7008