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Texas Environmental Regulatory Programs

Texas Environmental Regulatory Programs

In Texas, environmental investigation and remediation activities are regulated by two primary agencies: the Texas
Commission on Environmental Quality (TCEQ) and the Railroad Commission of Texas (RRC). These agencies operate
under a Memorandum of Understanding (MOU) that defines regulatory jurisdiction for soil and groundwater contamination
sites, depending on the source of contamination. The RRC enforces stringent environmental regulations for the Oil & Gas
Exploration and Production industry to ensure the responsible development of Texas's natural resources while safeguarding
air, water and land for all Texans. CRG Texas Environmental Services supports clients navigating both the RRC and TCEQ
regulatory frameworks to ensure compliance, minimize risk, and keep projects moving forward.

Texas Environmental Regulatory Programs
Texas Environmental Regulatory Programs
Texas Environmental Regulatory Programs

Railroad Commission of Texas (RRC) Environmental Programs

The Railroad Commission of Texas (RRC) regulates environmental impacts to land water, groundwater, and air associated
with oil and gas activities, including exploration, production, transportation, and related waste management.

26 TAC Chapter 4

Railroad Commission of Texas (RRC) environmental regulations, primarily found in Title 16, Chapter 4 of the Texas
Administrative Code, govern oil and gas waste management, pit usage, and pollution prevention, with major updates
effective July 1, 2025. Key rules include strict prohibitions on unauthorized waste discharge, mandatory waste
characterization by generators, and requirements for permitting oil and gas waste pits.

Additional RRC environmental assessment and cleanup Rules can be found at here:

RRC Environmental Jurisdiction Includes:

  • Oil and gas exploration and production sites
  • Tank batteries and production facilities
  • Oilfield waste handling, storage, and disposal
  • Releases associated with pipelines and production equipment

Environmental assessment and remediation under RRC oversight may involve:

  • Soil and groundwater investigations
  • Cleanup of hydrocarbon-impacted media
  • Closure of oilfield pits and legacy sites
  • Coordination with landowners and operators

When oil and gas activities are the source of contamination, the RRC maintains primary regulatory authority, even when
impacts extend to soil and groundwater. CRG Texas Environmental Services works directly with clients to determine
regulatory jurisdiction, coordinate agency communication, and develop compliant investigation and corrective action
strategies.

Texas Environmental Regulatory Programs
Texas Environmental Regulatory Programs
Texas Environmental Regulatory Programs

Texas Commission on Environmental Quality (TCEQ) Programs

The TCEQ regulates environmental releases primarily at properties where operations are not directly associated with oil and
gas exploration and production activities

Leaking Petroleum Storage Tank (LPST) Program

30 TAC Chapter 334

TCEQ's 30 TAC Chapter 334 governs the registration, installation, operation, and removal of underground storage tanks
(USTs) and certain aboveground storage tanks (ASTs) in Texas to prevent environmental contamination. It includes
stringent requirements for leak detection, spill prevention, operator training, and financial responsibility for petroleum and
hazardous substance storage.
The LPST program governs investigation and corrective action for releases from regulated underground and aboveground
petroleum storage tanks.

Key guidance documents include:

  • RG-411 - Investigating and Reporting Releases from Petroleum Storage Tanks
  • RG-523 - Risk-Based Corrective Action for LPST Sites
  • RG-428 - Preparation of a Drinking Water Survey Report

Corrective action may include:

  • Plan A screening for site closure
  • Plan B site-specific risk evaluation
  • Development of Corrective Action Plans (CAPs)

Texas Risk Reduction Program (TRRP)

30 TAC Chapter 350

30 Texas Administrative Code (TAC) Chapter 350, known as the Texas Risk Reduction Program (TRRP), promulgates
TCEQ regulations for responding to environmental contamination, covering assessment, cleanup, and reporting
requirements. It utilizes a tiered, risk-based approach to determine protective concentration levels (PCLs) for human health
and ecological receptors, allowing for Remedy Standards A or B. TRRP establishes consistent procedures for evaluating
and remediating environmental releases that impact soil, groundwater, surface water, or sediment.
Key components include:

  • Protective Concentration Levels (PCLs)
  • Remedy Standard A (cleanup)
  • Remedy Standard B (exposure prevention)

Programs regulated under TRRP include:

  • Voluntary Cleanup Program (VCP)
  • Innocent Owner/Operator Program (IOP)
Texas Environmental Regulatory Programs
Texas Environmental Regulatory Programs
Texas Environmental Regulatory Programs

Voluntary Cleanup Program (VCP)

The Texas Commission on Environmental Quality (TCEQ) Voluntary Cleanup Program (VCP) facilitates the redevelopment
of brownfields by providing administrative, technical, and legal incentives for cleaning up properties, often facilitating
redevelopment, financing, and property transfers. It offers liability release for non-responsible parties - such as future
landowners and lenders - upon issuance of a Certificate of Completion (COC). Innocent Owner/Operator Program (IOP)

Innocent Owner/Operator Program (IOP)

The Texas Commission on Environmental Quality (TCEQ) Innocent Owner/Operator Program (IOP) provides a certificate
(IOC) to owners or operators of property contaminated by an off-site source, protecting them from liability for investigation,
monitoring, and remediation. The program requires proof that the applicant did not cause or contribute to the
contamination.

Texas Environmental Regulatory Programs
Texas Environmental Regulatory Programs
Texas Environmental Regulatory Programs

Understanding Regulatory Jurisdiction in Texas

  • Determining whether TCEQ or RRC has jurisdiction depends on:
  • The source of contamination
  • The activity that caused the release
  • The type of waste or product involved

Early identification of the correct regulatory agency is critical to avoiding delays, enforcement issues, and unnecessary
costs.

How CRG Texas Environmental Services Helps

We assist clients with:

  • Regulatory applicability evaluations
  • Phase I & Phase II Environmental Site Assessments
  • Soil and groundwater investigations
  • Corrective Action Plans (CAPs)
  • Agency coordination with TCEQ and RRC
  • Redevelopment and transaction support

Our goal is simple: clarity, compliance, and no surprises.

Contact us today, We Can’t Wait to Work With You!

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