Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the land application of water produced from certain mining and oil and gas extraction operations.

Contracts

• Surface Use Agreements (SUAs): Review all SUAs immediately. Clauses referencing RRC standards for surface application will be legally obsolete for new projects post-2025. You must amend agreements to indemnify against TCEQ-specific violations.
• Master Service Agreements (MSAs): Water treatment vendors must contractually guarantee that their output meets forthcoming TCEQ "Beneficial Use" standards. Failure to meet these standards shifts liability for unpermitted waste disposal back to the operator.

Hiring/Training

• Lab Vendor Audit: You must verify your third-party laboratories are preparing for new TCEQ accreditations. The state anticipates 175 labs will need to add 7–10 new fields of accreditation by FY2026 to test for produced water constituents.
• Technical Staffing: Your regulatory team must transition from RRC Form H-11 workflows to complex TCEQ Texas Land Application Permit (TLAP) protocols.

Reporting & Record-Keeping

• Proof of Beneficial Use: You must document the agronomic or industrial necessity of the water application. Under TCEQ rules, application without a proven beneficial use is classified as illegal disposal.
• Discharge Monitoring: Prepare for monthly or quarterly Discharge Monitoring Reports (DMRs) tracking flow and pollutant loading, subject to public record.

Fees & Costs

• Permit Application Fee: Anticipate a new fee of $1,250 per application (New/Amended) or $1,215 (Renewal).
• Annual Water Quality Fee: Minimum $1,250/year per permit, scaling up based on volume and pollutant concentration.
• Lab Costs: Expect increased vendor pricing to offset the cost of new state-mandated accreditations.