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Produced Water White Paper 38 4.3.2.1 Texas In Texas, the Railroad Commission of Texas (the RRC) enjoys primacy over the UIC Class II program. The main differences between the RRC and EPA’s UIC programs relate to AOR and MIT regulation. While the EPA prescribes checking all plugging and completion reports for cement across the injection zone, the RRC does not conduct full AOR checks in all cases. Due to staffing limitations, full AOR checks are done only in specific problem areas. The RRC MIT program is generally based on a five-year testing interval. However, the RRC requires annual testing for wells that do not meet the new construction standard for well construction and groundwater protection. The regulations governing Class II-D wells and Class II-R wells are almost identical. Minor differences stem from the groundwater depth jurisdiction language in the Texas Water Code for Class II-D and the Texas Natural Resources Code for Class II-R. All groundwater depth recommendations are made by the Texas Commission on Environmental Quality (TCEQ). The Class II-D groundwater depth recommendation (from TCEQ) includes a review of geologic separation for shallowest allowed disposal (250 feet of cumulative clay/shale between the disposal zone and deepest groundwater). In the case of Class II- R, the TCEQ groundwater recommendation does not consider the geologic separation issue. Instead, RRC staff review the geologic separation. In the event of inadequate separation, the permit will include a fluid source limit allowing re-injection only of the produced water from the same zone. In addition to groundwater depth, the requirements for Class II-D wells and Class II-R wells differ with respect to the packer setting depth. Class II-D packers must be set within 100 feet of the disposal zone. Class II-R packers are typically placed subject to the same 100-foot limit, but may be set further away if well construction, proximity to groundwater, and impermeable intervening strata allow (De Leon 2003). 4.3.2.2 California In California, the Division of Oil, Gas, and Geothermal Resources (the Division) in the Department of Conservation enjoys primacy over the UIC Class II program. California has adopted a much narrower E&P waste exemption than at the federal level, expressly exempting only geothermal E&P wastes from the scope of its hazardous waste program. The exemption applies in California if the waste displays the toxicity characteristic for hazardous wastes based solely on the Toxicity Characteristic Leaching Procedure (TCLP). The exemption does not apply if the toxicity is determined based on criteria other than the TCLP or if the waste meets any of the other three characteristics of hazardous waste—ignitability, corrosivity, and reactivity. In consequence, E&P wastes that exhibit a hazardous characteristic or contain a hazardous waste may be regulated as hazardous wastes. In this light, the Division carefully reviews what fluids are deemed Class II fluids. This is especially important in enhanced recovery operations (for example, using polymers to seal off zones with fluid loss). Moreover, the Division prescribes shorter MIT time intervals. Water-disposal wells must be tested at least once each year, water flood wells every two years, and steam flood wells every five years. For purposes of testing external integrity, the Division doesPDF Image | Produced Water from Production of Crude Oil
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