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TCEQ to create new permitting program for land application of produced water under SB 1145
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Summary
Senate Bill 1145 transfers permitting for land application of oil-and-gas produced water from the Railroad Commission to the Texas Commission on Environmental Quality. TCEQ said it has received files from the Railroad Commission, will develop applications and guidance, and plans two rulemakings with public notice in mid-2026 and adoption actions in 2027.
The Texas Commission on Environmental Quality said Wednesday it is implementing Senate Bill 1145, which transfers authority to permit the land application of produced water from the Railroad Commission of Texas to TCEQ.
"The bill requires TCEQ to establish a new permitting program and application review process," Shannon Gibson, special assistant in the Water Quality Division, told the Water Quality Advisory Work Group. "We have received permit files from the Railroad Commission and pilot study files and are beginning to review those files."
Gibson said TCEQ has initiated two separate rulemakings to support the change. One will amend the memorandum of understanding between the Railroad Commission and TCEQ to formalize the transfer of permitting authority; the second will amend 30 Texas Administrative Code chapter 309 (domestic wastewater effluent limitations and plant siting) and chapter 210 (use of reclaimed water) to clarify applicability and requirements for land application of produced wastewater.
TCEQ staff told attendees the agency anticipates taking the MOU rulemaking before commissioners for proposal in spring and for adoption in summer 2027. A parallel rulemaking addressing effluent limitations and plant-siting standards is also expected to be proposed in 2026 and adopted in 2027.
Agency staff said they have begun reviewing application and pilot files provided by the Railroad Commission and stressed that applicants may continue to submit applications in the interim. "There will be the same public notice requirements and opportunity to comment," Gibson said when asked how the public will be able to see proposed permits before formal adoption of the new rules.
Participants asked what guidance would govern applications between now and formal rule adoption. Gibson said TCEQ will consider Railroad Commission authorizations and other information it inherits from the RRC but expects to go “beyond that” as necessary to address water-quality protections.
TCEQ staff also said the agency plans to develop application forms, standard operating procedures and regulatory guidance to support the new program, and that the two rulemakings will implement additional, previously passed legislation where applicable.
The agency did not set specific deadlines for individual permit reviews but said applicants should expect site-specific review processes and that draft permits will be developed and shared with applicants as they advance.
Next steps: TCEQ plans to publish proposed rule language for public comment in mid-2026 and hold public hearings; adoption of the new MOU and related effluent/plant-siting rules is targeted for 2027.
