July 26, 2014

New Hydraulic Fracturing Water Recycling Rules Published in Texas Register

On April 12, 2013, new hydraulic fracturing water recycling rules (the "Water Recycling Rules") adopted by the Texas Railroad Commission on March 26, 2013 were published in the Texas Register. The Water Recycling Rules were adopted in order to encourage Texas hydraulic fracturing operators to conserve water used in the hydraulic fracturing process for oil and gas wells.

Among other things, the Water Recycling Rules eliminate the need for operators who recycle fluid on their own leases or transfer fluids to other operators’ leases for recycling to obtain a recycling permit from the Railroad Commission. The Water Recycling Rules also establish five categories of commercial recycling permits, which reflect the different types of hydraulic fracturing activity taking place in Texas: (i) On-lease Commercial Solid Oil and Gas Waste Recycling; (ii) Off-lease or Centralized Commercial Solid Oil and Gas Waste Recycling; (iii) Stationary Commercial Solid Oil and Gas Waste Recycling; (iv) Off-lease Commercial Recycling of Fluid; and (v) Stationary Commercial Recycling of Fluid. In addition, the Water Recycling Rules create a tiered approach which allows for both the reuse of treated fluids in oil and gas operations and the reuse of fluid for other non-oilfield related uses. 

PDF of adopted rules, as published in the Texas Register

© 2014 Beveridge & Diamond PC

About the Author

Daniel P. Berner, Environmental Law Attorney, Beveridge Diamond Law Firm

Daniel Berner is an Associate in the Austin office of Beveridge & Diamond, P.C., with a practice focused on environmental law and complex commercial litigation. Mr. Berner is also a member of the Firm’s Latin America practice group, through which he advises clients on environmental legal issues in the region.


About the Author

Edward Grauman, Environmental Lawyer, Beveridge & Diamond Law Firm

Edward Grauman is an Associate in the Texas office of Beveridge & Diamond, P.C., with a practice focused on environmental law and complex commercial litigation.

Karen Hansen, Environmental Lawyer, Beveridge & Diamond Law Firm

Karen M. Hansen’s environmental law practice spans a variety of regulatory programs including water quality and use, contaminated property redevelopment, oceans law, OSHA, and corporate-wide compliance auditing under EPA and state audit policies. Ms. Hansen counsels clients on emerging trends in water quality programs, including initiatives such as watershed-based permitting, TMDLs, trading and allocation, and land-based impacts on coastal and ocean resources. She has extensive experience assisting clients with implementing environmental management systems, including...


About the Author

Madeleine Boyer Kadas, Environmental Lawyer, Beveridge & Diamond Law Firm

Maddie Kadas is a Principal in the Firm's Texas Office and divides her practice between international and domestic environmental law. She began as an Associate in the Washington D.C. Office in 1999 and was named the first Managing Principal of the Texas Office in 2005.    


About the Author

Laura LaValle, Environmental Lawyer, Beveridge & Diamond Law Firm

Laura LaValle is the Managing Principal and a founder of Beveridge & Diamond’s Texas office, and is Co-Chair of the Firm’s Air Practice Group.  Her practice has focused on Clean Air Act matters for the past eighteen years.  Ms. LaValle’s air quality experience includes advising and representing entities on a broad range of permitting, compliance, and policy issues.  She has represented chemical manufacturing operations, electric utilities, petroleum refineries, municipal solid waste landfills, steel manufacturing facilities,...


About the Author

Bryan Moore, Environmental Lawyer,  Beveridge & Diamond Law Firm

Bryan Moore’s practice includes a wide range of environmental matters, from waste, water, and air permitting and compliance counseling, to enforcement defense and litigation. In matters arising under nearly every major federal and Texas environmental program, Bryan has represented clients in federal and state courts and before various agencies, such as the United States Environmental Protection Agency, the Texas Commission on Environmental Quality, the Texas Parks and Wildlife Department, and the Railroad Commission of Texas.


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