November 29, 2020

Volume X, Number 334

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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

© 2020 Beveridge & Diamond PC National Law Review, Volume III, Number 121
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About this Author

Karen M. Hansen Water Regulation Attorney Beveridge & Diamond Austin, TX
Principal

Karen Hanson’s practice focuses on the Clean Water Act and state programs for regulating and permitting water discharges and water supply/use, and on environmental, health, and safety audit review and implementation. 

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. Karen also represents clients that must defend CWA and state water law enforcement actions, including claims pursued by governmental as well as third party...

512-391-8005
Madeleine Boyer Environmental Attorney Beveridge Diamond
Principal

Maddie brings 25 years of experience providing strategic and solutions-oriented counseling and representation on a broad range of US and Latin American environmental, health and safety standards.

Her portfolio includes environmental regulatory counseling; audit oversight and support; supply chain and product stewardship advocacy and compliance; and high-stakes enforcement matters. Her domestic caseload currently includes air and waste matters before the US Department of Justice, the Office of the Attorney General of the State of Texas, the US Environmental...

512-391-8010
Laura L. LaValle Clean Air Act Attorney Beveridge & Diamond Austin, TX
Office Managing Principal

Laura's practice has focused on Clean Air Act matters for over 20 years.

Laura'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, oil and gas pipelines and terminal facilities, alternative/renewable energy operations including solar energy projects, landfills and waste combustors, steel manufacturing facilities, mining operations, and other facility types regarding federal and state permitting and compliance...

512-391-8020
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