New rules for oilfield waste threaten ranchers and environment

To the editor,

The Railroad Commission has recently published new rules regarding oilfield waste. Known in the industry vernacular as rule 8, the Railroad Commission seeks to update and strengthen rules regarding waste pits for oil and gas operators statewide. Originally, these revisions would apply to all waste pits, whether used for produced water, workover fluids, or reserve pits for drilling. Reserve pits were omitted from the proposed rules in an attempt to appease industry lobbyists and small oil companies at the expense of landowners and the environment.

Advances in technology for drilling led to the development of “closed loop” mud circulating. This keeps the drill cuttings in a container and don’t rely on the old pit method to store the cuttings permanently. These cuttings and associated fluids have high concentrations of chlorides and other bad stuff that is not conducive for regeneration and regrowth of the grass that ranchers depend on for their livelihood.

On the ranch that I live on, there are scars from pits that are over 50 years old. They are permanent dead zones because of the salts, chlorides, and chemicals from the drilling mud and cuttings left over from wells drilled for oil and gas exploration. Reserve pits account for 70% of oilfield waste by volume, and the Railroad Commission wants to continue the current practice of not regulating them.

There are no rules pertaining to liners, size limits, or long-term monitoring. In areas where the groundwater is close to the surface, the chlorides and salts can and do leach into the water. The only requirement is that the operator dewater the pit and close it within a year. Typically, that means letting the water evaporate and burying the waste on site. The liner material is also left on site by deep burying. The liner material is attractive for cattle to eat, leading to hardware disease. If a landowner is in a situation where they can negotiate, they can require “closed loop” systems, or have input into the design and closure of pits. However, the reality is that most leases are of the legacy variety that leave the landowner at the mercy of the operator.

The rules proposed have been published in the Texas register and there are two public hearing opportunities at: https://www.rrc.state.tx.us/announcements/082324-rrc-hold-public-hearings.

The comment period expires Sept. 30. Comments can be submitted at: https://www.rrc.state.tx.us/general-counsel/rules/comment-form-for-proposed-rulemakings.

The comment period is short and somewhat secret by design. The Railroad Commission is not interested in the trials and travails of ranchers and people who have to live, grow livestock, or farm in and amongst the oilfields. However, if enough folks comment, and call their state legislators and demand that the rule changes include reserve pits, it will put pressure to keep the requirement to include reserve pits in the final rule change.

Schuyler Wight
Goldsmith, Texas

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