WaterWorld and E&E News EnergyWire reported that U.S. Environmental Protection Agency approved Texas’ request to administer the National Pollutant Discharge Elimination System (NPDES) within the state and regulate discharges of produced water, hydrostatic test water, and oil and gas discharges. Texas Commission on Environmental Quality (TCEQ) will assume permitting authority for the discharges of oil and gas activities, pipelines and natural gas processing plants previously held by Railroad Commission of Texas. Ken McQueen, EPA regional administrator, said, “This action will help Texas administer a process for the regulated community without unnecessary and duplicate permitting processes and ensure the best environmental and economic outcomes.” WaterWorld said, “EPA and TCEQ both agree that states are best equipped to administer their environmental programs.”
Gov. Greg Abbott authorized TCEQ to seek NPDES authority in 2019. After its review of state statutes, regulations and programs and the end of public comments Jan. 11, EPA ruled Jan. 15 that Texas met the criteria of the Clean Water Act and other federal policies. TCEQ said this week it is ready to receive and process individual permit applications. The TCEQ announcement added, “TCEQ is well-suited for wastewater permitting… Regulations for oil and gas discharges will remain the same as current federal standards.”
Todd Staples, executive director of Texas Oil and Gas Association, said EPA’s approval “will allow the Texas oil and natural gas industry to continue to innovate and find new ways to treat wastewater for recycle and use beyond the oilfield.” Cyrus Reed of Sierra Club said his group and others will ask the Biden administration to reconsider the EPA action.