October 6, 2015

October 05, 2015

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

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About this Author

Edward Grauman, Environmental Lawyer, Beveridge & Diamond Law Firm

Edward M. Grauman’s practice focuses on high-stakes, complex commercial and environmental litigation at both the trial and appellate levels. He works with clients across a wide spectrum of industries, including chemicals, consumer products, financial services, high tech, insurance, media, oil and gas, pharmaceuticals, security services, and telecommunications. His experience across industries and subject-matter areas gives him a deep understanding of the business considerations involved in large-scale disputes and enables him to provide clients with sound strategic and...

Karen Hansen, Environmental Lawyer, Beveridge & Diamond Law Firm

Karen M. Hansen’s environmental law practice focuses on the Clean Water Act and state programs for regulating and permitting water discharges and water supply/use.  She has extensive experience assisting industrial and municipal clients in preparing strategies for and pursuing water permits for ongoing operations, expansions and new operations, including permit challenges. Ms. Hansen also represents clients that must defend CWA and state water law enforcement actions, including claims pursued by governmental as well as third party entities. She recently led a multi-year...

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

Maddie Kadas brings over twenty years of experience advising multinational corporations on U.S. and international environmental matters. She founded the Firm’s Austin, TX office and served as its first Managing Shareholder.

Maddie represents clients on a variety of regulatory and enforcement matters under U.S. and Texas environmental laws, with a focus on air and waste issues affecting the chemical manufacturing and petroleum refining sectors. Fluent in Spanish, Maddie assists industrial sector clients on the full range of environmental, health...

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, mining operations, municipal waste combustors, trade...