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TCEQ outlines new oil-and-gas surface‑water permits after state authority shift
Summary
Staff from the Texas Commission on Environmental Quality reviewed implementation of newly issued general permits for oil‑and‑gas surface‑water discharges and tracked pending legislation that would shift land‑application authority to TCEQ.
The Texas Commission on Environmental Quality provided an update on oil‑and‑gas wastewater permitting and related legislation, reporting that the agency has issued new general permits to replace prior EPA and Railroad Commission authorizations and is monitoring bills that would transfer land‑application authority to TCEQ.
TCEQ permit writer Dr. Cole Gray said the agency took over permitting authority for discharges to state surface waters from oil and gas extraction facilities and gas plants under House Bill 2771, which was enacted during the 2018 legislative session. He added that "TCEQ obtained TIFD's authorization from EPA on January 2021 via a revised memorandum of agreement."
The update outlined two state general permits issued to regulate oil‑and‑gas discharges into surface waters: TXG‑31 (state and federal authority) and WQG‑208 (state‑only authority for some outer continental shelf discharges). Gray said TXG‑31 replaces EPA general permits TXG‑26 and TXG‑33 and that EPA completed its 90‑day review and raised no objections. The agency issued the permits on Jan. 10, 2024.
Why it matters: the new permits centralize state oversight of routine oil‑and‑gas surface‑water discharges previously covered by multiple authorizations, and pending legislation could extend TCEQ authority to land application and reuse of produced wastewater.
Details and status - TCEQ staff reported currently authorized or pending oil‑and‑gas authorizations: 78 general permits for hydrostatic test dischargers (TXG‑670000), 202 general permits for oil‑and‑gas extraction discharges (TXG‑31), six general permits for Outer Continental Shelf discharges (WQG‑208), nine individual oil‑and‑gas TPDES/TIFFI permits, and ten pending individual oil‑and‑gas permit applications. - Staff said TXG‑31 was shared with stakeholders and submitted to EPA Region 6 on Aug. 2, 2022; EPA completed review Nov. 14, 2022 with no objections. Statewide public notice occurred May 12, 2023; the public comment period closed June 12, 2023. - WQG‑208 was developed in coordination with EPA Region 6, released for stakeholder input in December 2022, and adopted Jan. 10, 2024.
Legislative watch - Gray identified two bills staff are following: House Bill 2584 and Senate Bill 1145. He said HB 2584 had not yet been voted on in the House, whereas SB 1145 had passed the Senate and was pending in the House. According to staff, those bills would transfer jurisdiction of land application of produced wastewater to TCEQ if enacted.
Questions and next steps - Staff paused for questions and said they would follow up with stakeholders if additional technical clarifications were requested. No formal votes or actions were taken by the advisory group on this item during the meeting.
Ending note: TCEQ staff asked participants to submit follow‑up questions via the division proxy inbox if they needed additional details.
