On November 27, 2020, the US Environmental Protection Agency (“EPA”) published notice that the Texas Commission on Environmental Quality (“TCEQ”) has applied to the US EPA for National Pollutant Discharge Elimination System (“NPDES”) program authorization for discharges of produced water, hydrostatic test water and gas plant effluent. [1] TCEQ’s application (“Application”) was filed in response to a bill passed during the last Texas legislative session that required TCEQ to submit to EPA no later than September 1, 2021, a request for NPDES permitting authority for discharges of produced water, hydrostatic test water and gas plant effluent associated with oil and gas activities currently under the jurisdiction of the Railroad Commission of Texas (RRC). [2] Under this legislation, state authority to regulate these discharges will transfer from the RRC to TCEQ upon EPA’s grant of NPDES permitting authority to TCEQ. Should EPA grant NPDES permitting authority to TCEQ for these discharges, a prospective permittee would generally only need to obtain a single TCEQ authorization (rather than an authorization from both the RRC and EPA). [3]
Continue Reading TCEQ’s Request for NPDES Program Authorization for Oil and Gas Discharges Under Review

Last month, the Texas Commission on Environmental Quality (“TCEQ”) launched a temporary “Find It and Fix It” program effective through January 31, 2021 to facilitate air quality compliance for companies with oil and gas operations in the Permian Basin.  Regulated entities that comply with the requirements of the temporary program may be eligible for enforcement discretion. 
Continue Reading TCEQ’s Permian Basin “Find It and Fix It” Program Underway

With oil prices plummeting and markets battered by the disruptions caused by the COVID-19 pandemic, two oil and gas producers filed a joint motion late last month for the Railroad Commission of Texas to consider curtailing oil production, an extraordinary remedy that has not been employed since the 1970s. In response, the RRC convened an initial public meeting yesterday to consider the request and comments filed by more than 50 stakeholders with, not surprisingly, wide-ranging views on the subject. Due to the significance of the issues under discussion and the potential impact on not only oil and gas producers, but also the midstream and downstream sector, the ten-hour long meeting drew a substantial audience across the country and the globe.
Continue Reading Railroad Commission of Texas Considers Oil Production Cuts

Following Governor Abbott’s recent proclamation of a state of disaster in Texas due to the COVID-19 pandemic, both the Texas Commission on Environmental Quality (TCEQ) and the Railroad Commission of Texas (RRC) have issued guidance for regulated entities relating to environmental compliance concerns as well as other useful information relative to agency operations during these uncertain times.

Continue Reading TCEQ and RRC Issue COVID-19 Regulatory Guidance

Texas policymakers continue to focus on produced water beneficial reuse. On January 22, 2020, the Texas Senate Committees on Natural Resources and Economic Development and Water and Rural Affairs held a joint hearing to consider Lt. Governor Dan Patrick’s 2019 interim legislative charge related to one of the most pressing matters facing the state—future water supply issues. This interim charge requires that these legislative committees make recommendations to promote the state’s water supply, including the development of new sources.
Continue Reading Texas Policymakers Continue Focus on Produced Water Beneficial Reuse

The Railroad Commission of Texas has authority to issue permits for discharges associated with oil and gas operations in the state, but it does not yet have delegation of the NPDES permitting program. Thus, to the extent that produced water discharges are not currently barred under federal regulations, facilities seeking authorization for these discharges to waters of the US must obtain authorization from both EPA and the RRC. This article highlights Texas efforts underway to obtain NPDES delegation for produced water discharges.
Continue Reading Texas Moving Forward with NPDES Delegation for Produced Water Discharges

With the Texas Legislature having now convened for the 2019 session, various key environmental issues are anticipated to be the subject of debate and legislative action. The article describes environmental topics that will likely be addressed by the recently convened Texas legislature.
Continue Reading Texas Legislative Session Now Underway: Key Environmental Issues of Interest