1. (a) Need for agreement.

   1. (1) Section 10 of House Bill 1407, 67th Legislature, 1981, which appeared as a footnote to the Texas Solid Waste Disposal Act, Texas Civil Statutes, Article 4477-7, provides as follows: On or before January 1, 1982, the Texas Department of Water Resources, the Texas Department of Health, and the Railroad Commission of Texas shall execute a memorandum of understanding that specifies in detail these agencies' interpretation of the division of jurisdiction among the agencies over waste materials that result from or are related to activities associated with the exploration for and the development, production, and refining of oil or gas. The agencies shall amend the memorandum of understanding at any time that the agencies find it to be necessary.
   2. (2) The original Memorandum of Understanding (MOU) between the agencies became effective January 1, 1982. The MOU was revised effective December 1, 1987, to reflect legislative clarification of the Railroad Commission's jurisdiction over oil and gas wastes and the Texas Water Commission's (successor to the Texas Department of Water Resources) jurisdiction over industrial and hazardous wastes.
   3. (3) The agencies have determined that the revised MOU that became effective on December 1, 1987, should again be revised to further clarify jurisdictional boundaries and to reflect legislative changes in agency responsibility and the combination of the Texas Water Commission, the Texas Air Control Board, and portions of the Texas Department of Health to form the Texas Natural Resource Conservation Commission.

2. (b) General agency jurisdictions.

   1. (1) Texas Natural Resource Conservation Commission (TNRCC).

      1. (A) The TNRCC has jurisdiction over solid waste under Chapter 361 of the Texas Health and Safety Code, §§361.001-361.754. The TNRCC's jurisdiction encompasses both hazardous and nonhazardous, industrial and municipal, solid wastes.
      2. (B) Under Texas Health and Safety Code, §361.003(34), solid waste under the jurisdiction of the TNRCC is defined to include "garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities."
      3. (C) Solid waste is further defined in Texas Health and Safety Code, §361.003(34), to exclude "material which results from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas pursuant to Section 91.101, Natural Resources Code...."
      4. (D) In addition, Texas Health and Safety Code, §361.003(34), defines the term solid waste to include the following until the United States Environmental Protection Agency (EPA) delegates its authority under the Resource Conservation and Recovery Act, 42 United States Code (U.S.C.) §6901, et seq., (RCRA) to the RRC: "waste, substance or material that results from activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants and is a hazardous waste as defined by the administrator of the EPA...."
      5. (E) After delegation of RCRA authority to the Railroad Commission of Texas (RRC), the definition of solid waste (which defines TNRCC's jurisdiction) will not include hazardous wastes generated at natural gas or natural gas liquids processing plants, or reservoir pressure maintenance or repressurizing plants. The term natural gas or natural gas liquids processing plant refers to a plant the primary function of which is the extraction of natural gas liquids from field gas or fractionation of natural gas liquids. The term does not include a separately located natural gas treating plant for which the primary function is the removal of carbon dioxide, hydrogen sulfide, or other impurities from the natural gas stream. A separator, dehydration unit, heater treater, sweetening unit, compressor, or similar equipment is considered a part of a natural gas or natural gas liquids processing plant only if it is located at a plant the primary function of which is the extraction of natural gas liquids from field gas or fractionation of natural gas liquids. Further, a pressure maintenance or repressurizing plant is a plant for processing natural gas for reinjection (for reservoir pressure maintenance or repressurization) in a natural gas recycling project. A compressor station along a natural gas pipeline system or a pump station along a crude oil pipeline system is not a pressure maintenance or repressurizing plant.

   2. (2) Railroad Commission of Texas (RRC).

      1. (A) Generally, under Texas Natural Resources Code, Title 3, and Texas Water Code, Chapter 26, wastes (both hazardous and nonhazardous) resulting from activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline, and other activities regulated by the RRC are under the jurisdiction of the RRC. These wastes are termed "oil and gas wastes." In compliance with Texas Health and Safety Code, §361.025 (concerning exempt activities), a list of activities that generate wastes that are subject to the jurisdiction of the RRC is found at §3.8(a)(30) of this title (relating to Water Protection) and at 30 Texas Administrative Code §335.1 (concerning definitions), which contains a definition of "activities associated with the exploration, development, and production of oil or gas or geothermal resources." This MOU provides further guidance regarding the agencies' interpretation of these rules and statutes.
      2. (B) Notwithstanding subparagraph (A) of this paragraph, hazardous wastes generated at natural gas or natural gas liquids processing plants or reservoir pressure maintenance or repressurizing plants are subject to the jurisdiction of the TNRCC until the RRC is authorized by EPA to administer RCRA. When the RRC is authorized by EPA to administer RCRA, jurisdiction over such hazardous wastes will transfer from the TNRCC to the RRC.

3. (c) Definition of hazardous waste.

   1. (1) Under the Texas Health and Safety Code, §361.003(12), a "hazardous waste" subject to the jurisdiction of the TNRCC is defined as "solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. §6901, et seq.)." Similarly, under Texas Natural Resources Code, §91.601(1), "oil and gas hazardous waste" subject to the jurisdiction of the RRC is defined as an "oil and gas waste that is a hazardous waste as defined by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901, et seq.)."
   2. (2) Federal regulations adopted under authority of the federal Solid Waste Disposal Act, as amended by RCRA, exempt from regulation as hazardous waste certain oil and gas wastes. Under 40 Code of Federal Regulations (CFR) §261.4(b)(5), "drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy" are described as wastes that are exempt from federal hazardous waste regulations.
   3. (3) A partial list of wastes associated with oil, gas, and geothermal exploration, development, and production that are considered exempt from hazardous waste regulation under RCRA can be found in EPA's "Regulatory Determination for Oil and Gas and Geothermal Exploration, Development and Production Wastes," 53 FedReg 25,446 (July 6, 1988). A further explanation of the exemption can be found in the "Clarification of the Regulatory Determination for Wastes from the Exploration, Development and Production of Crude Oil, Natural Gas and Geothermal Energy, " 58 FedReg 15,284 (March 22, 1993). The exemption codified at 40 CFR §261.4(b)(5) and discussed in the Regulatory Determination has been, and may continue to be, clarified in subsequent guidance issued by the EPA.

4. (d) Jurisdiction over specific disposal activities.

   1. (1) Discharges under Texas Water Code, Chapter 26. Under the Texas Water Code, Chapter 26, the TNRCC has jurisdiction over discharges of waste into or adjacent to water in the state, other than discharges regulated by the RRC. The RRC regulates discharges of waste from activities associated with the exploration, development, or production of oil, gas, or geothermal resources, including transportation of crude oil and natural gas by pipeline, and from solution brine mining activities (except solution mining activities conducted for the purpose of creating caverns in naturally-occurring salt formations for the storage of wastes regulated by the TNRCC) under Texas Natural Resources Code, Title 3, and Texas Water Code, Chapter 26. Discharges of waste regulated by the RRC into water in the state shall not cause a violation of the water quality standards. While water quality standards are established by the TNRCC, the RRC has the responsibility for enforcing any violations of such standards. Texas Water Code, Chapter 26, does not require that discharges regulated by the RRC comply with regulations of the TNRCC that are not water quality standards. Because of the complexity of 30 Texas Administrative Code §307.6 (concerning toxic materials), the staffs of the TNRCC and the RRC will consult from time to time regarding application and interpretation of the Texas Surface Water Quality Standards.
   2. (2) Disposal wells under Texas Water Code, Chapter 27. Jurisdiction over wastes disposed by injection is divided between the RRC and the TNRCC as set forth in Texas Water Code, Chapter 27 (the Injection Well Act). The RRC has jurisdiction under Texas Water Code, Chapter 27, over injection wells used to dispose of oil and gas waste. Texas Water Code, Chapter 27, defines "oil and gas waste" to mean "waste arising out of or incidental to drilling for or producing of oil, gas, or geothermal resources, waste arising out of or incidental to the underground storage of hydrocarbons other than storage in artificial tanks or containers, or waste arising out of or incidental to the operation of gasoline plants, natural gas processing plants, or pressure maintenance or repressurizing plants. The term includes but is not limited to salt water, brine, sludge, drilling mud, and other liquid or semi-liquid waste material." The term "waste arising out of or incidental to drilling for or producing of oil, gas, or geothermal resources" includes waste associated with transportation of crude oil or natural gas by pipeline pursuant to Texas Natural Resources Code, §91.101. The TNRCC has jurisdiction over injection wells used to dispose of other types of waste.

   3. (3) Disposal of naturally occurring radioactive material (NORM). (The term "disposal" does not include receipt, possession, use, processing, transfer, transport, storage, or commercial distribution of radioactive materials, including NORM. These activities are under the jurisdiction of the Texas Department of Health per Texas Health and Safety Code, §401.011(a).)

      1. (A) Under Texas Health and Safety Code, §401.415, the RRC has jurisdiction over the disposal of NORM that constitutes, is contained in, or has contaminated oil and gas waste. This waste material is called "oil and gas NORM waste." Oil and gas NORM waste may be generated in connection with the exploration, development, or production of oil or gas. Oil and gas NORM waste may also be generated in connection with geothermal resource exploration, development, or production activities or solution brine mining activities.
      2. (B) Under Texas Health and Safety Code, §401.412, the TNRCC has jurisdiction over the disposal of NORM which is not oil and gas NORM waste.

5. (e) Jurisdiction over waste from specific oil and gas activities.

   1. (1) Drilling, operation, and plugging of wells associated with the exploration, development, or production of oil, gas, or geothermal resources. Wells associated with the exploration, development, or production of oil, gas, or geothermal resources include exploratory wells, cathodic protection holes, core holes, oil wells, gas wells, geothermal resource wells, fluid injection wells used for secondary or enhanced recovery of oil or gas, oil and gas waste disposal wells, and injection water source wells. Several types of waste materials can be generated during the drilling, operation, and plugging of these wells. These waste materials include drilling fluids (including water-based and oil-based fluids), cuttings, produced water, produced sand, waste hydrocarbons (including used oil), fracturing fluids, spent acid, workover fluids, treating chemicals (including scale inhibitors, emulsion breakers, paraffin inhibitors, and surfactants), waste cement, filters (including used oil filters), domestic sewage (including waterborne human waste and waste from activities such as bathing and food preparation), and trash (including inert waste, barrels, dope cans, oily rags, mud sacks, and garbage). Generally, these wastes, whether disposed of by discharge, landfill, land farm, evaporation, or injection, are subject to the jurisdiction of the RRC.
   2. (2) Field treatment of produced fluids. Oil, gas, and water produced from oil, gas, or geothermal resource wells may be treated in the field in facilities such as separators, skimmers, heater treaters, dehydrators, and sweetening units. Waste materials that result from the field treatment of oil and gas include waste hydrocarbons (including used oil), produced water, hydrogen sulfide scavengers, dehydration wastes, treating and cleaning chemicals, filters (including used oil filters), asbestos insulation, domestic sewage, and trash are subject to the jurisdiction of the RRC.

   3. (3) Storage of oil.

      1. (A) Tank bottoms, stormwater runoff, and other wastes from the storage of crude oil (whether foreign or domestic) before it enters the refinery are under the jurisdiction of the RRC. In addition, waste resulting from storage of crude oil at refineries is subject to the jurisdiction of the TNRCC. Further, stormwater runoff from terminal facilities where both refined products intended for use offsite and crude oil are stored in aboveground tanks is under the jurisdiction of the TNRCC. Stormwater runoff from a terminal facility where crude oil is stored prior to refining and at which refined products are stored solely for use at the facility is under the jurisdiction of the RRC.
      2. (B) Wastes generated from storage tanks which are part of the refinery and wastes resulting from the wholesale and retail marketing of refined products are subject to the jurisdiction of the TNRCC.
   4. (4) Underground hydrocarbon storage. The disposal of wastes, including saltwater, resulting from the construction, creation, operation, maintenance, closure, or abandonment of an "underground hydrocarbon storage facility" is subject to the jurisdiction of the RRC, provided the terms "hydrocarbons" and "underground hydrocarbon storage facility" have the meanings set out in Texas Natural Resources Code, §91.201.
   5. (5) Underground natural gas storage. The disposal of wastes resulting from the construction, operation, or abandonment of an "underground natural gas storage facility" is subject to the jurisdiction of the RRC, provided that the terms "natural gas" and "storage facility" have the meanings set out in Texas Natural Resources Code, §91.173.

   6. (6) Transportation of crude oil or natural gas.

      1. (A) Crude oil and natural gas are transported by railcars, tank trucks, barges, tankers, and pipelines. The RRC has jurisdiction over waste from the transportation of crude oil by pipeline, regardless of the crude oil source (foreign or domestic) prior to arrival at a refinery. The RRC also has jurisdiction over waste from the transportation by pipeline of natural gas, including natural gas liquids, prior to the use of the natural gas in any manufacturing process or as a residential or industrial fuel. The transportation wastes subject to the jurisdiction of the RRC include wastes from pipeline compressor or pressure stations and wastes from pipeline hydrostatic pressure tests and other pipeline operations. These wastes include waste hydrocarbons (including used oil), treating and cleaning chemicals, filters (including used oil filters), scraper trap sludge, trash, domestic sewage, wastes contaminated with polychlorinated biphenyls (PCBs) (including transformers, capacitors, ballasts, and soils), soils contaminated with mercury from leaking mercury meters, asbestos insulation, transite pipe, and hydrostatic test waters.
      2. (B) The TNRCC has jurisdiction over waste from transportation of refined products by pipeline.
      3. (C) The TNRCC also has jurisdiction over wastes associated with transportation of crude oil and natural gas, including natural gas liquids, by railcar, tank truck, barge, or tanker.

   7. (7) Reclamation plants.

      1. (A) The RRC has jurisdiction over wastes from reclamation plants that process wastes from activities associated with the exploration, development, or production of oil, gas, or geothermal resources, such as lease tank bottoms. Waste management activities of reclamation plants for other wastes are subject to the jurisdiction of the TNRCC.
      2. (B) In addition to waste management jurisdiction, the RRC has jurisdiction over the conservation and prevention of waste of crude oil and therefore must approve all movements of crude oil-containing materials to reclamation plants. The applicable statute and regulations consist primarily of reporting requirements for accounting purposes.

   8. (8) Refining of oil.

      1. (A) The management of wastes resulting from oil refining operations, including spent caustics, spent catalysts, still bottoms or tars, and API separator sludges, is subject to the jurisdiction of the TNRCC. The processing of light ends from the distillation and cracking of crude oil or crude oil products is considered to be a refining operation. The term "refining" does not include the processing of natural gas or natural gas liquids.
      2. (B) The RRC has jurisdiction over refining activities for the conservation and the prevention of waste of crude oil. The RRC requires that all crude oil streams into or out of a refinery be reported for accounting purposes. In addition, the RRC requires that materials recycled and used as a fuel, such as still bottoms or waste crude oil, be reported.
   9. (9) Natural gas or natural gas liquids processing plants (including gas fractionation facilities) and pressure maintenance or repressurizing plants. Wastes resulting from activities associated with these facilities include produced water, cooling tower water, sulfur bead, sulfides, spent caustics, sweetening agents, spent catalyst, waste hydrocarbons (including used oil), asbestos insulation, wastes contaminated with PCBs (including transformers, capacitors, ballasts, and soils), treating and cleaning chemicals, filters, trash, domestic sewage, and dehydration materials. These wastes are subject to the jurisdiction of the RRC under Texas Natural Resources Code, §91.101. Disposal of waste from activities associated with natural gas or natural gas liquids processing plants (including gas fractionation facilities), and pressure maintenance or repressurizing plants by injection is subject to the jurisdiction of the RRC under Texas Water Code, Chapter 27. Notwithstanding any contrary provision of this paragraph, until delegation of authority under RCRA to the RRC, the TNRCC shall have jurisdiction over wastes resulting from these activities that are not exempt from federal hazardous waste regulation under RCRA and that are considered hazardous under applicable federal rules.

   10. (10) Manufacturing processes.

       1. (A) Wastes that result from the use of natural gas, natural gas liquids, or products refined from crude oil in any manufacturing process, such as the production of petrochemicals or plastics, or from the manufacture of carbon black, are industrial wastes subject to the jurisdiction of the TNRCC. The term "manufacturing process" does not include the processing (including fractionation) of natural gas or natural gas liquids at natural gas or natural gas liquids processing plants.
       2. (B) The RRC has jurisdiction under Texas Natural Resources Code, Chapter 87, to regulate the use of natural gas in the production of carbon black.

   11. (11) Commercial service company facilities and training facilities.

       1. (A) The TNRCC has jurisdiction over wastes generated at facilities, other than actual exploration, development, or production sites (field sites), where oil and gas industry workers are trained. In addition, the TNRCC has jurisdiction over wastes generated at facilities where materials, processes, and equipment associated with oil and gas industry operations are researched, developed, designed, and manufactured. However, wastes generated from tests of materials, processes, and equipment at field sites are under the jurisdiction of the RRC.
       2. (B) The TNRCC also has jurisdiction over waste generated at commercial service company facilities operated by persons providing equipment, materials, or services (such as drilling and work over rig rental and tank rental; equipment repair; drilling fluid supply; and acidizing, fracturing, and cementing services) to the oil and gas industry. These wastes include the following wastes when they are generated at commercial service company facilities: empty sacks, containers, and drums; drum, tank, and truck rinsate; sandblast media; painting wastes; spent solvents; spilled chemicals; waste motor oil; and unused fracturing and acidizing fluids.
       3. (C) The term "commercial service company facility" does not include a station facility such as a warehouse, pipeyard, or equipment storage facility belonging to an oil and gas operator and used solely for the support of that operator's own activities associated with the exploration, development, or production or oil or gas or geothermal resources, including the transportation of crude oil or natural gas by pipeline.
       4. (D) Notwithstanding subparagraphs (A)-(C) of this paragraph, the RRC has jurisdiction over disposal of oil and gas wastes, such as waste drilling fluids and NORM-contaminated pipe scale, that are managed at commercial service company facilities.
       5. (E) The RRC also has jurisdiction over wastes such as vacuum truck rinsate and tank rinsate generated at facilities operated by oil and gas waste haulers permitted by the RRC pursuant to §3.8(f) of this title (relating to water protection).
   12. (12) Spill response. Contaminated soil and other wastes that result from a spill must be managed in accordance with the governing statutes and regulations adopted by the agency responsible for the activity that resulted in the spill. Coordination of issues of spill notification, prevention, and response shall be addressed in the State of Texas Oil and Hazardous Substance Spill Contingency Plan and may be addressed further in a separate Memorandum of Understanding among these agencies and other appropriate state agencies.

6. (f) Interagency activities.

   1. (1) Recycling and pollution prevention.

      1. (A) The TNRCC and the RRC encourage generators to eliminate pollution at the source and recycle whenever possible to avoid disposal of solid wastes. Questions regarding source reduction and recycling may be directed to the TNRCC Office of Pollution Prevention & Recycling (OPPR)/Clean Texas 2000, telephone number (800) 64-TEXAS, or to the Waste Minimization Program at the RRC. The TNRCC reserves the right to require generators to explore source reduction and recycling alternatives prior to authorizing disposal of any waste under the jurisdiction of the RRC at a facility regulated by the TNRCC; similarly, the RRC reserves the right to require generators to explore source reduction and recycling alternatives prior to authorizing disposal of any waste under the jurisdiction of the TNRCC at a facility regulated by the RRC.
      2. (B) The TNRCC OPPR and the RRC Waste Minimization Program will meet at least two times each year to maintain a working relationship to enhance the efforts to share information and use resources more efficiently. The TNRCC OPPR will make the proper TNRCC personnel aware of the services offered by the RRC Waste Minimization Program, share information with the RRC Waste Minimization Program to maximize services to oil and gas operators, and advise oil and gas operators of RRC Waste Minimization Program services. The RRC Waste Minimization Program will make the proper RRC personnel aware of the services offered by the TNRCC OPPR, share information with the TNRCC OPPR to maximize services to industrial operators, and advise industrial operators of the TNRCC OPPR services.

   2. (2) Treatment of wastes under RRC jurisdiction at facilities registered by TNRCC's Petroleum Storage Tank Division.

      1. (A) Soils contaminated with constituents that are physically and chemically similar to those normally found in soils at leaking underground petroleum storage tanks from generators under the jurisdiction of the RRC are eligible for treatment at TNRCC regulated soil treatment facilities once alternatives for recycling and source reduction have been explored. For the purpose of this provision, soils containing petroleum substance(s) as defined in 30 Texas Administrative Code §334.481 (concerning definitions) are considered to be similar, but drilling muds, acids, or other chemicals used in oil and gas activities are not considered similar. Generators under the jurisdiction of the RRC must meet the same requirements as generators under the jurisdiction of the TNRCC when sending their petroleum contaminated soils to soil treatment facilities under TNRCC jurisdiction. Those requirements are in 30 Texas Administrative Code §334.496 (concerning shipping procedures applicable to generators of petroleum-substance waste), except subsection (c) which is not applicable, and 30 Texas Administrative Code §334.497 (concerning recordkeeping and reporting procedures applicable to generators). RRC generators with questions on these requirements should call the TNRCC Petroleum Storage Tank (PST) Division, Responsible Party Investigations Section, telephone number (512) 239-2200.
      2. (B) Generators under RRC jurisdiction should also be aware that TNRCC regulated soil treatment facilities are required by 30 Texas Administrative Code §334.499 (concerning shipping requirements applicable to owners or operators of storage, treatment, or disposal facilities) to maintain documentation on the soil sampling and analytical methods, chain-of-custody, and all analytical results for the soil received at the facility and transported off-site or reused on-site.
      3. (C) The RRC must specifically authorize management of contaminated soils under its jurisdiction at facilities registered by the PST Division of the TNRCC. The RRC may grant such authorizations by rule, or on an individual basis through permits or other written authorizations.
      4. (D) All waste materials, including those that have been treated, that are subject to the jurisdiction of the RRC and are managed at facilities registered by the PST Division of the TNRCC will remain subject to the jurisdiction of the RRC. Such materials will be subject to RRC regulations regarding final reuse, recycling, or disposal.
      5. (E) TNRCC waste codes and registration numbers are not required for management of wastes under the jurisdiction of the RRC at facilities registered by the PST Division of the TNRCC.

   3. (3) Disposal of wastes under RRC jurisdiction at facilities permitted by the TNRCC.

      1. (A) As provided in this paragraph, waste materials subject to the jurisdiction of the RRC may be managed at solid waste facilities under the jurisdiction of the TNRCC once alternatives for recycling and source reduction have been explored. The RRC must specifically authorize management of wastes under its jurisdiction at facilities regulated by the TNRCC. The RRC may grant such authorizations by rule, or on an individual basis through permits or other written authorizations. In addition, except as provided in subparagraph (B) of this paragraph, the concurrence of the TNRCC is required to manage waste under the jurisdiction of the RRC at a facility regulated by the TNRCC. The TNRCC's concurrence may be subject to specified conditions.
      2. (B) A facility under the jurisdiction of the TNRCC may accept, without further individual concurrence, waste under the jurisdiction of the RRC if that facility is permitted or otherwise authorized to accept that particular type of waste. The phrase "that type of waste" does not specifically refer to waste under the jurisdiction of the RRC, but rather to the waste's physical and chemical characteristics.
      3. (C) In all other instances, individual written concurrences from the TNRCC shall be required to manage wastes under the jurisdiction of the RRC at TNRCC regulated facilities. (This is required only if the TNRCC regulated facility receiving the waste does not have approval to accept the waste included in its permit or other authorization provided by the TNRCC.) To obtain an individual concurrence, the waste generator must provide to the TNRCC sufficient information to allow the concurrence determination to be made, including the identity of the proposed waste management facility, the process generating the waste, the quantity of waste, and the physical and chemical nature of the waste involved (using process knowledge and/or laboratory analysis as defined in 30 Texas Administrative Code, Chapter 335, Subchapter R (concerning waste classification)). In obtaining TNRCC approval, generators may use their existing knowledge about the process or materials entering it to characterize their wastes. Material Safety Data Sheets, manufacturer's literature, and other documentation generated in conjunction with a particular process may be used. Process knowledge must be documented and submitted with the request for approval.
      4. (D) Notwithstanding subparagraphs (A)-(C) of this paragraph, waste sludge subject to the jurisdiction of the RRC, other than domestic septage that is not mixed with other waste materials, may not be applied to the land at a facility permitted by the TNRCC for the beneficial use of sewage sludge or water treatment sludge. Domestic septage collected from portable toilets at facilities subject to RRC jurisdiction that is not mixed with other waste materials may be managed at a facility permitted by the TNRCC for disposal, incineration, or land application for beneficial use of such domestic septage waste without specific authorization from the TNRCC.
      5. (E) Additional guidance regarding requirements for, and restrictions on, management of particular types of wastes regulated by the RRC at facilities registered or permitted by the TNRCC may be issued in the future.

      6. (F) TNRCC waste codes and registration numbers are not required for management of wastes under the jurisdiction of the RRC at facilities under the jurisdiction of the TNRCC. If a receiving facility nevertheless requests or requires a TNRCC waste code for waste under the jurisdiction of the RRC, a code consisting of the following may be provided:

         1. (i) the sequence number "RRCT";
         2. (ii) the appropriate form code, as specified in 30 Texas Administrative Code Chapter 335, Subchapter R, Appendix 3 (concerning form codes); and
         3. (iii) the waste classification code "H" if the waste is a hazardous oil and gas waste, or "R" if the waste is a nonhazardous oil and gas waste.
      7. (G) If a facility requests or requires a TNRCC waste generator registration number for wastes under the jurisdiction of the RRC, the registration number "XXXRC" may be provided.
      8. (H) Wastes that are under the jurisdiction of the RRC need not be reported to the TNRCC's Industrial and Hazardous Waste Division.

   4. (4) Management of nonhazardous wastes under TNRCC jurisdiction at facilities regulated by the RRC.

      1. (A) Once alternatives for recycling and source reduction have been explored, and with prior authorization from the RRC, the following nonhazardous wastes subject to the jurisdiction of the TNRCC may be disposed of, other than by injection into a Class II well, at a facility regulated by the RRC; bioremediated at a facility regulated by the RRC (prior to reuse, recycling, or disposal); or reclaimed at a crude oil reclamation facility regulated by the RRC: nonhazardous wastes that are chemically and physically similar to oil and gas wastes, but excluding soils, media, debris, sorbent pads, and other clean-up materials that are contaminated with refined petroleum products.
      2. (B) To obtain an individual authorization from the RRC, the waste generator must provide the following information, in writing, to the RRC: the identity of the proposed waste management facility, the quantity of waste involved, a hazardous waste determination that addresses the process generating the waste and the physical and chemical nature of the waste, and any other information that the RRC may require. As appropriate, the RRC shall reevaluate any authorization issued pursuant to this paragraph.
      3. (C) Once alternatives for recycling and source reduction have been explored, and subject to the RRC's individual authorization, the following wastes under the jurisdiction of the TNRCC are authorized without further TNRCC approval to be disposed of at a facility regulated by the RRC, bioremediated at a facility regulated by the RRC, or reclaimed at a crude oil reclamation facility regulated by the RRC: nonhazardous bottoms from tanks used only for crude oil storage; unused and/or reconditioned drilling and completion/workover wastes from commercial service company facilities; used and/or unused drilling and completion/workover wastes generated at facilities where workers in the oil and gas exploration, development, and production industry are trained; used and/or unused drilling and completion/workover wastes generated at facilities where materials, processes, and equipment associated with oil and gas exploration, development, and production operations are researched, developed, designed, and manufactured; unless other provisions are made in the underground injection well permit used and/or unused drilling and completion wastes (but not workover wastes) generated in connection with the drilling and completion of Class I, III, and V injection wells; wastes (such as contaminated soils, media, debris, sorbent pads, and other cleanup materials) associated with spills of crude oil and natural gas liquids if such wastes are under the jurisdiction of the TNRCC; and sludges from washout pits at commercial service company facilities.
      4. (D) In a public health, public safety, or environmental emergency, the RRC and the TNRCC may consider allowing injection of wastes under the jurisdiction of the TNRCC into Class II injection wells permitted by the RRC.
      5. (E) Pursuant to Texas Water Code, §27.0511(g), TNRCC concurrence is required for injection of TNRCC-regulated waste in connection with a secondary or tertiary recovery project.
      6. (F) Additional guidance regarding requirements for, and restrictions on, management of particular types of wastes covered under this MOU may be issued in the future.
   5. (5) Drilling in landfills. The TNRCC will notify the Environmental Services Section of the Oil and Gas Division of the RRC and the landfill owner at the time a drilling application is submitted if an operator proposes to drill a well through a landfill regulated by the TNRCC. The RRC and the TNRCC will cooperate and coordinate with one another in advising the appropriate parties of measures necessary to reduce the potential for the landfill contents to cause groundwater contamination as a result of landfill disturbance associated with drilling operations.

   6. (6) Coordination of enforcement actions and cooperative sharing of enforcement information.

      1. (A) In the event that a generator or transporter disposes, without proper authorization, of wastes regulated by the TNRCC at a facility permitted by the RRC, the TNRCC is responsible for enforcement actions against the generator or transporter, and the RRC is responsible for enforcement actions against the disposal facility. In the event that a generator or transporter disposes, without proper authorization, of wastes regulated by the RRC at a facility permitted by the TNRCC, the RRC is responsible for enforcement actions against the generator or transporter, and the TNRCC is responsible for enforcement actions against the disposal facility.
      2. (B) The TNRCC and the RRC agree to cooperate with one another by sharing enforcement information. Employees of either agency who discover, in the course of their official duties, information that indicates a violation of a statute, regulation, order, or permit pertaining to wastes under the jurisdiction of the other agency, are encouraged to notify the other agency. In addition, to facilitate enforcement actions, each agency is encouraged to share information in its possession with the other agency if requested by the other agency to do so.
7. (g) Definitions. Words shall have meaning as defined in the rules of each agency. Words not so defined shall have their regular meaning as used as a term of art in industry practice.
8. (h) Disputes. The staff of the RRC and the TNRCC shall meet as necessary to attempt to resolve any disputes regarding interpretation of this MOU and disputes regarding definitions and terms of art. If a staff-level meeting fails to resolve the dispute, the dispute will be elevated to the senior management of both agencies for resolution.
9. (i) Effective date. This Memorandum of Understanding, as of its effective date, shall supersede the prior Memorandum of Understanding among the agencies, dated December 1, 1987.

Source Note:The provisions of this §3.30 adopted to be effective May 31, 1998, 23 TexReg 5427.