Railroad Commission of Texas Site Remediation Cleanup Programs Cleanup Rules Peter G. Pope, P.G. Site Remediation Section 1
Cleanup Programs Topics Covered Regulatory Authority Rules State Managed Cleanup Program Operator Cleanup Program Voluntary Cleanup Program Brownfields Response Program 2
Railroad Commission of Texas History 1891 Railroad Commission of Texas Created 1917 Regulation of Pipelines; Conservation laws relating to oil and natural gas production 3
Railroad Commission of Texas Mission Statement The Railroad Commission serves Texas through: our stewardship of natural resources and the environment; our concern for personal and community safety; and our support of enhanced development and economic vitality for the benefit of Texans. 4
RRC Jurisdiction Regulation of: Oil and natural gas primary production Pipelines Natural gas processing and natural gas utilities Salt dome cavern storage Bulk storage of crude oil RRC commercial disposal facilities Liquid propane gas (LPG), compressed natural gas (CNG), and liquid natural gas (LNG) 5
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Eagle Ford Statistics 10,255 on schedule Permits issued: 26 (2008) to 4,260 (9/2014) Oil production ~ 917,993 Bbl/day Gas Production ~ 4,337,372 Mcf/day Condensate ~ 249,480 Bbl/day as of Oct 22, 2014 7
Texas Pipelines June 2012 8
RRC Cleanup Authority Broad Statutory Authority Regarding the Control of Pollution Resulting from Oil and Gas Waste Natural Resources Code 91.101, adopted in 1977 Texas Water Code Section 26.131, adopted in 1977 9
Oil and Gas Division Districts Nine District Offices for 12 Geographical Districts 10
RRC Cleanup Rules 3.8 Water Protection Rule 3.20 Notification Requirements 3.91 Cleanup of Soil Contaminated by a Crude Oil Spill 3.98 Standards for Management of Hazardous Oil & Gas Waste 4 D Voluntary Cleanup Program 4 F Disposal of NORM Waste *Note: Does not include well plugging and other safety rules. http://www.rrc.state.tx.us/rules/rule.php 11
RRC Cleanup Rules Statewide Rule 8 - Water Protection SWR 8(b): No pollution. No person conducting activities subject to regulation by the commission may cause or allow pollution of surface or subsurface water in the state. 12
Amendments to SWR 8 Amended April 2013 Encourages water conservation Authorizes non-commercial fluid recycling Streamlines permitting requirements Improves safety in waste hauling
RRC Cleanup Rules Statewide Rule 20 - Release Notification Rule Operators shall give immediate notice of a fire, leak, spill, or break to the appropriate commission district office. Notice shall be followed by a letter with full description of the event, volume of crude oil, gas, geothermal resources, other well liquids, or associated products lost. 14
RRC Cleanup Rules Statewide Rule 30 Waste Jurisdiction Memorandum of Understanding between RRC and Texas Commission on Environmental Quality (TCEQ) Railroad Commission of Texas solely responsible for the control and disposition of waste and the abatement and prevention of pollution of surface and subsurface water in the state from activities associated with the exploration, development, and production of oil and gas. 15
RRC Cleanup Rules Statewide Rule 91 Crude Oil Spills in non-sensitive areas Crude oil in non-sensitive areas to be cleaned up to 1% total petroleum hydrocarbons (TPH) Does not apply to condensate, crude oil spilled in sensitive areas or crude oil spills that occurred prior to November 1, 1993. 16
RRC Cleanup Rules Statewide Rule 91 Summary Removal of free oil Horizontal & vertical delineation Excavate and dispose or if handling onsite: Prevent stormwater contamination Cleanup to less than1% TPH as soon as technically feasible but no later than one year. Cleanup of spills in sensitive areas are evaluated on a case-by-case basis. 17
RRC Cleanup Rules Sensitive defined in Rule 91: *Proximity to surface water, wildlife refuges, commercial or residential areas. The definition applies to sites where there is shallow groundwater or possible pathways for communication with deeper groundwater or discharges to surface waters. *Proximity is not defined. 18
Cleanup Guidance For condensate and crude spills in sensitive areas http://www.rrc.state.tx.us/environmental/spills/spillcleanup.php
Cleanup Guidance Other guidance available on request: COC Guidelines for Substances Released Produced Water Institutional Controls OCP Deliverables NORM
RRC Cleanup Rules Statewide Rule 98 - Hazardous Oil & Gas Waste Exempt Waste Wastes uniquely associated with primary field productions Non-Exempt Waste Wastes that are not uniquely associated with an E&P activity EPA Guidance for Oil and Gas exemption (en Español, tambien!) EPA 530-K-01-004 (October 2002) (http://www.epa.gov/epawaste/nonhaz/industrial/special/oil/oil-gas.pdf) 21
RRC Cleanup Rules Statewide Rule 4 Subchapter F Naturally Occurring Radioactive Materials (NORM) Regulates disposal of NORM associated with oil and gas E&P activities Requires identification of NORM contaminated equipment 22
RRC Cleanup Programs Site Remediation Section State Managed Cleanup Program (SMCP) Operator Cleanup Program (OCP) Voluntary Cleanup Program (VCP) Brownfields Response Program (BRP) 23
STATE MANAGED CLEANUP PROGRAM Use of State Funds for Cleanup When Responsible Operator fails or refuses to take action. Responsible Operator is unknown or cannot be found. Fund utilized to cleanup pollution of abandoned sites. Prioritization is based on public health, safety and the protection of the environment.
STATE MANAGED CLEANUP PROGRAM TYPES OF CLEANUP ACTIVITIES Emergencies Cleanups Assessments Abatements
Oil & Gas Regulation and Cleanup SB 310 Funding Sources Regulatory fees, fines, penalties, and charges for goods and services. Applications for exceptions to RRC rules Natural Gas Policy Act (15 U.S.C. Section 3301-3432 application). Administrative penalties for violations of rules pertaining to E&P and pipelines. Drilling permit fees (to drill, deepen, plug back, or reenter a well).
State Managed Site Remediation Program Completed Cleanup Activities for Fiscal Years 1992 June 2014 Fiscal Year Cleanup Candidates PER FISCAL YEAR CUMULATIVE FY 1992-2014 Completions Yearly Costs Completions Cumulative Costs 1992 N/A 53 $47,867.78 53 $47,867.78 1993 N/A 79 $72,934.38 132 $120,802.16 1994 N/A 93 $112,303.45 225 $233,105.61 1995 N/A 144 $269,515.06 369 $502,620.67 1996 N/A 155 $402,883.87 524 $905,504.54 1997 N/A 213 $651,450.76 737 $1,556,955.30 1998 N/A 281 $1,199,826.59 1,018 $2,756,781.89 1999 N/A 291 $1,618,686.78 1,309 $4,375,468.67 2000 N/A 233 $2,192,118.05 1,542 $6,567,586.72 2001 N/A 229 $6,563,470.45 1,771 $13,131,057.17 2002 1,629 355 $4,099,021.29 2,126 $17,230,078.46 2003 1,543 326 $4,405,465.64 2,452 $21,635,544.10 2004 1,771 313 $4,137,435.28 2,765 $25,772,979.38 2005 1,597 292 $3,416,723.45 3,057 $29,189,702.83 2006 1,754 325 $3,866,617.22 3,382 $33,056,320.05 2007 1,758 308 $8,343,461.48 3,690 $41,399,781.53 2008 1,803 293 $4,500,452.59 3,983 $45,900,234.12 2009 1,849 323 $4,678,741.35 4,306 $50,578,975.47 2010 2,054 191 $2,841,861.42 4,497 $53,420,836.89 2011 2,011 200 $1,822,511.41 4,697 $55,243,348.30 2012 2,015 253 $5,291,395.97 4,950 $60,534,744.27 2013 2,036 280 $4,056,095.03 5,230 $64,590,839.30 2014 2,014 238 $2,521,046.53 5,468 $67,111,886.30
Operator Cleanup Program Oversight of Operator-led cleanups to ensure compliance with RRC rules. District Office - Non-sensitive area cleanups. Site Remediation Section in Austin - Oversight of sensitive area/complex site cleanups. Complexity = special assessment needs, risk-based cleanup, case-by-case 28
Operator Cleanup Program Case-by-Case generally means: Risk-based site assessment Risk-based cleanup TRRP process* * Texas Commission on Environmental Quality Texas Risk Reduction Program (TRRP) rule 29
Operator Cleanup Program Examples of COCs Crude Oil (BTEX, PAHs, TPH) Condensate (BTEX, PAHs, TPH) Drilling Mud (water-based) (TPH, Metals, ph, Chloride, Sodium, Electrical Conductivity) Produced Water/Brine (BTEX, Chloride, Metals) Tank Bottoms (BTEX, PAHs, Metals, ph, TPH) Mercury Meters (Mercury, ph) BTEX = Benzene, toluene, ethylbenzene, and xylenes PAHs = Polycyclic aromatic hydrocarbons 30
Active Operator Cleanups by District 26 154 18 21 15 57 51 114 599 Operator Cleanup Program Projects As of 6 June 2014 143 31
Operator Cleanup Program Public GIS Map Viewer for Oil, Gas and Pipeline Data Map View of Operator Cleanup Program sites Select Identify Operator Cleanup Site under Map Tools, and click on a green (active) or black triangle (closed). Pop-up box with Site identification. http://www.rrc.state.tx.us/data/online/gis/index.php# 32
Public GIS Map Viewer OCP ID 1774 SITE NAME Chapman Ranch STATUS Active COUNTY Nueces DISTRICT 04 LATITUDE 27.6275 LONGITUDE -97.50194 33
Voluntary Cleanup Program http://www.rrc.state.tx.us/oil-gas/environmental-cleanupprograms/site-remediation/voluntary-cleanup-program/ Provides incentive to lenders, developers, owners, and operators who did not cause or contribute contamination. Applies to waste cleanups under Railroad Commission jurisdiction. Offers the applicant a release of liability to the state. 34
RRC Brownfields Program U.S. Environmental Protection Agency State Brownfields Program "brownfield means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Helping local communities!
RRC Brownfields Program Offer free Assessments and Cleanup to local governments, non-profits, schools, churches Brownfields Certificate of Completion Contact Kelly Wilson for information (512) 475-0730 http://www.rrc.state.tx.us/oil-gas/environmental-cleanupprograms/site-remediation/grant-cleanup-programs/brp/ Helping local communities!
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Trends/Developing Issues State Managed Offshore Cleanups Waste Management Operator Cleanup Urban Encroachment Enforcement Cases Voluntary Cleanup/Brownfields Increased applications 38
State Managed - Whittington
State Managed Recycling Facility
30,000 BBL Storage Tank
Operator Cleanup Program Samson Young Gas Unit, Well #3, Rusk County Landowner complaint about distressed vegetation in a boggy area Salinity contamination in creek Electromagnetic survey identified a flow-back pit Removed 6,000 cubic yards of reserve/flow-back pit soils Installed monitoring wells and a sump to remove contaminated groundwater 49
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Mg/L Operator Cleanup Program Samson Young Gas Unit, Well #3, Rusk County Pumped 39,434 barrels of water from the sump Chloride in MW-3 Date 55
Operator Cleanup Program Historic Pipeline Release, Montgomery County Landowner complaint of hydrocarbons seeping through cracks in concrete wall of swimming pool Identified exposed pipeline near the pool Montgomery County Appraisal files indicate a 1954 inactive crude oil pipeline easement transects the property 56
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Abandoned Pipeline 59
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Northview Apartments, Kilgore Affordable Housing 61
Northview Apartments Application received November 2008 Phase II ESA performed by RRC No impacts identified Cost savings $21K Site closed March 2009 25 construction jobs and two permanent positions created Leveraging with $2M loan with TDHCA 62
Turtle Bayou Site, Chambers County 522-Acre Site slated to be used for water quality protection and a nature preserve managed by the Galveston Bay Foundation Actions 18 abandoned oil and gas wells being plugged with state funds Delineating hydrocarbons and chloride impacts Benefits Green space, wildlife habitat, water quality.
Turtle Bayou Site, Chambers County 64
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Any Questions? Aimee Beveridge, P.G Peter G. Pope, Site Remediation 512-463-8202 peter.pope@rrc.state.tx.us 4Pe63-7995 66