State Oil and Gas Agency waste pit rule changes put groundwater at riskPress Release | Aug 28, 2024

Austin, TX  – New proposed changes to waste pit rules from the Railroad Commission of Texas (RRC) raise concerns over insufficient setbacks, liner requirements, and groundwater monitoring. The RRC has officially announced the opening of the formal comment period for amendments to statewide rules regulating waste management facilities – otherwise known as waste pits rules – inviting public input on the proposed regulations. This move marks a significant step in what is meant to be an ongoing effort to address the environmental and health concerns associated with waste pits at oil and gas well sites across the state. Commission Shift has examined the new rule. While the commission accepted some of our recommendations made on an informal draft of the rule, there are still several major gaps that put groundwater at risk.  

 Setback requirements are crucial for distancing sources of pollution from people, water wells, and shallow aquifers. As recent as January, for example, the RRC permitted new waste pits less than a mile from a Baptist summer camp. The updated rules still fall short in providing adequate protection for private homes, residences, and ecosystems. Despite new requirements for permitted pits and commercial facilities, these types of operations can qualify for exceptions to numerous requirements in the proposed rules, making them virtually meaningless. The Railroad Commission has a history of generously granting exceptions to flaring rules and extensions to inactive well plugging requirements, indicating these waste pit rule exceptions would be no more difficult for companies to qualify for. 

 “It’s important for landowners and people living next to these facilities to have an opportunity for informed consent before pits and commercial facilities are constructed. This rule doesn’t offer that in most cases,” said Virginia Palacios, Commission Shift Executive Director.  

 “Typically, the locations for these waste pit sites are chosen in rural areas where much of the population is poor or elderly.  This vulnerable population cannot afford expensive corporate attorneys to defend their land and water, and challenge these permit applications. I hope all Texans will become aware of the power the Railroad Commission has. Texans have a right to expect public service, not public exploitation of their land, air and water,” said Sister Elizabeth Riebschlaeger, Sister of Charity of the Incarnate Word of San Antonio, TX and an impacted mineral rights owner in the Eagle Ford Shale. 

 Background on Waste Pits in Texas 

Waste pits are commonly used in the oil and gas industry to store drilling waste and byproducts from the oilfield. These pits have long been a contentious issue in Texas due to their potential environmental impact, including contamination of soil and groundwater, harmful emissions, and risks to public health. Over the years, several incidents have highlighted the need for stronger oversight to safeguard communities and the environment. Commission Shift has compiled an overview and GIS maps of high consequence sites here.

High-Level Points from Commission Shift on the New Rules 

Commission Shift has reviewed the proposed rules and raised several critical points:

• More Waste Near People: A new section in the rules would allow treated drill cuttings to be used as construction fill or as road base on county roads, which make up 45% of the roads in the state. Drill cuttings can contain volatile organic compounds that are carcinogenic. 
• Leeway for On-Lease Pits: The new rules still allow significant flexibility for “authorized” pits used on-lease at oil and gas well sites. These pits don’t have to go through a hearing or permitting process at the RRC. There are no setback requirements, no notice requirements, and no informed consent required from landowners, which leaves communities vulnerable. 

• Setback Requirements: The proposed setback requirements are minimal and should be extended to provide greater protection to nearby residents and ecosystems. There should be no exceptions for permitted or commercial facilities. 

• Notice Requirements: A revised 30-day notice requirement for permitted facilities, up from 15 days, is a positive step. However, the radius for who gets notified is wider for Commercial Recycling facilities compared to Permitted Pits, a discrepancy that lacks a science or health-based rationale. 

• Groundwater Monitoring: Groundwater serves as a primary source of drinking water for many communities, and any leakage or improper handling of waste can introduce harmful chemicals and pollutants into these aquifers. The proposed rules mandate groundwater monitoring only in very limited circumstances. These requirements form a patchwork of regulations that vary significantly depending on the type of facility, which could lead to inconsistent protection measures.  

Call to Action 

Commission Shift is urging community members to participate in the comment period by emailing their thoughts and concerns to RulesCoordinator@rrc.texas.gov. We are calling for an extended 90-day comment period for Statewide Rule 8 and Chapter 4 waste management rules, as well as for local public hearings to be held near waste pit facilities. 

To read the rule, find the comment form, or learn about scheduled public hearings, go to the RRC’s Proposed Rules page and click the Chapter 4 drop-down menu. An in-person public hearing will be held in Austin at 10 a.m. on Thursday, September 5, 2024. A virtual public hearing will be held 12 p.m. on Friday, September 6, 2024. 

To facilitate additional community engagement and awareness, Commission Shift is offering virtual office hours every Thursday in September. These sessions aim to educate Texans on the proposed waste pits rules and their potential impact on those living near these facilities.