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Committee backs bill shifting land-application permitting for treated produced water to TCEQ
Summary
Senate Bill 1145 would transfer permitting authority for land application of treated produced water from the Railroad Commission to the Texas Commission on Environmental Quality; industry and environmental witnesses supported the change and the committee reported the bill favorably.
The Senate Committee on Natural Resources & Economic Development voted to report Senate Bill 1145, a measure to transfer authority over land-application permits for treated produced water from the Railroad Commission of Texas to the Texas Commission on Environmental Quality.
Sponsor Senator Brian Birdwell told the committee that produced water—the wastewater generated by oil and gas extraction—averages about seven barrels for every barrel of oil produced in Texas. Birdwell said technological advances have made treating produced water for beneficial reuse feasible and that consolidating permitting with TCEQ would provide regulatory certainty because TCEQ already administers surface discharge and land-application permitting for treated wastewater.
"TCEQ will be given the authority to issue permits for land application of produced water resulting from oil and gas activity that is treated for beneficial use," Birdwell said. He told the committee the bill would require treated produced water to meet water-quality standards established by the commission to prevent pollution of surface and subsurface waters.
Supporters included industry trade groups and environmental organizations. Todd Staples of the Texas Oil and Gas Association and Michael Lozano of the Permian Basin Petroleum Association both testified in support, saying a streamlined permitting structure at TCEQ would facilitate beneficial reuse and help address produced-water management challenges that are central to the industry's long-term viability. Cyrus Reed of the Lone Star Chapter of the Sierra Club also testified in favor, while urging explicit reference to Texas Water Quality Standards and robust rulemaking to define treatment and application standards.
Committee members recorded the vote reporting SB 1145 as "There being 8 ayes and no nays." The committee recommended the bill be placed on the local and uncontested calendar and left the measure pending for further Senate action.
