Texas Water Code, Title 2: Water Administration, Subtitle D: Water Quality Control, Chapter 27: Injection Wells (Texas Injection Wells Act)

Jurisdiction(s)
Instrument Date
Effective Date
Instrument Type
Relevant Regulatory Authority
Texas Railroad Commission
Purpose and Context
Section 27.003 of the Texas Injection Wells Act states that the purpose of the Act is to “to maintain the quality of fresh water in the state to the extent consistent with the public health and welfare and the operation of existing industries, taking into consideration the economic development of the state, to prevent underground injection that may pollute fresh water, and to require the use of all reasonable methods to implement this policy.”
Relevant links
Instrument Access Date
19 October 2012
I. Regulatory scope and definitions
Definitions

Article/Section No.

Section 27.002

Instrument Text

Sec. 27.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on Environmental Quality.
(2) "Executive director" means the executive director of the commission.
(3) "Railroad commission" means the Railroad Commission of Texas.
(4) "Pollution" means the alteration of the physical, chemical, or biological quality of, or the contamination of, water that makes it harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
(5) "Industrial and municipal waste" means any liquid, gaseous, solid, or other waste substance, or combination of these substances, which may cause or might reasonably be expected to cause pollution of fresh water and which result from:
(A) processes of industry, manufacturing, trade, or business;
(B) development or recovery of natural resources other than oil or gas; or
(C) disposal of sewage or other wastes of cities, towns, villages, communities, water districts, and other municipal corporations.
(6) "Oil and gas waste" means waste arising out of or incidental to drilling for or producing of oil, gas, or geothermal resources, waste arising out of or incidental to the underground storage of hydrocarbons other than storage in artificial tanks or containers, or waste arising out of or incidental to the operation of gasoline plants, natural gas processing plants, or pressure maintenance or repressurizing plants. The term includes but is not limited to salt water, brine, sludge, drilling mud, and other liquid or semi-liquid waste material.
(7) "Fluid" means a material or substance that flows or moves in a liquid, gaseous, solid, semi-solid, sludge, or other form or state.
(8) "Fresh water" means water having bacteriological, physical, and chemical properties which make it suitable and feasible for beneficial use for any lawful purpose.
(9) "Casing" means material lining used to seal off strata at and below the earth's surface.
(10) "Disposal well" means an injection well that is used for the injection of industrial and municipal waste or oil and gas waste.
(11) "Injection well" means an artificial excavation or opening in the ground made by digging, boring, drilling, jetting, driving, or some other method, and used to inject, transmit, or dispose of industrial and municipal waste or oil and gas waste into a subsurface stratum; or a well initially drilled to produce oil and gas which is used to transmit, inject, or dispose of industrial and municipal waste or oil and gas waste into a subsurface stratum; or a well used for the injection of any other fluid; but the term does not include any surface pit, surface excavation, or natural depression used to dispose of industrial and municipal waste or oil and gas waste.
(12) "Extraction of minerals" means the use of an injection well for the development or recovery of natural resources other than resources subject to the jurisdiction of the railroad commission, and includes solution mining of minerals, in situ uranium mining, and mining of sulfur by the Frasch process, but does not include the solution mining of salt when leaching a cavern for the storage of hydrocarbons.
(13), (14) Renumbered as (11) and (12) by Acts 1985, 69th Leg., ch. 795, Sec. 1.114, eff. Sept. 1, 1985.
(15) "Hazardous waste" has the meaning assigned to that term by Section 361.003, Health and Safety Code.
(16) "Production well" means a well used to recover uranium through in situ solution recovery, including an injection well used to recover uranium. The term does not include a well used to inject waste.
(17) "Monitoring well" means a well that is used to measure or monitor the level, quality, quantity, or movement of subsurface water.
(18) "Area permit" means a permit that authorizes the construction and operation of production and monitoring wells used in operations and restoration associated with in situ recovery of uranium.
(19) "Anthropogenic carbon dioxide":
(A) means:
(i) carbon dioxide that would otherwise have been released into the atmosphere that has been:
(a) stripped, segregated, or divided from any other fluid stream; or
(b) captured from an emissions source, including:
(1) an advanced clean energy project as defined by Section 382.003, Health and Safety Code, or another type of electric generation facility; or
(2) an industrial source of emissions;
(ii) any incidental associated substance derived from the source material for, or from the process of capturing, carbon dioxide described by Subparagraph (i); and
(iii) any substance added to carbon dioxide described by Subparagraph (i) to enable or improve the process of injecting the carbon dioxide; and
(B) does not include naturally occurring carbon dioxide that is recaptured, recycled, and reinjected as part of enhanced recovery operations.
(20) "Anthropogenic carbon dioxide injection well" means an injection well used to inject or transmit anthropogenic carbon dioxide into a reservoir.
(21) "Enhanced recovery operation" means the use of any process for the displacement of hydrocarbons from a reservoir other than primary recovery and includes the use of any physical, chemical, thermal, or biological process and any co-production project.
(22) "Geologic storage" means the underground storage of anthropogenic carbon dioxide in a reservoir.
(23) "Geologic storage facility" means the underground reservoir, underground equipment, injection wells, and surface buildings and equipment used or to be used for the geologic storage of anthropogenic carbon dioxide and all surface and subsurface rights and appurtenances necessary to the operation of a facility for the geologic storage of anthropogenic carbon dioxide. The term includes any reasonable and necessary areal buffer and subsurface monitoring zones, pressure fronts, and other areas as may be necessary for this state to receive delegation of any federal underground injection control program relating to the storage of carbon dioxide. The term does not include a pipeline used to transport carbon dioxide from the facility at which the carbon dioxide is captured to the geologic storage facility. The storage of carbon dioxide incidental to or as part of enhanced recovery operations does not in itself automatically render a facility a geologic storage facility.
(24) "Oil or gas" means oil, natural gas, or gas condensate.
(25) "Reservoir" means a natural or artificially created subsurface sedimentary stratum, formation, aquifer, cavity, void, or coal seam.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981; Acts 1985, 69th Leg., ch. 566, Sec. 14, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 795, Sec. 1.114, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 14, Sec. 284(76), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.067, eff. Aug. 12, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1118, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 1, eff. September 1, 2009.

Composition of CO2 stream

Summary

The provisions of the Texas Injection Wells Act that regulate geologic storage of CO2 are expressed to apply to the injection and storage of “anthropogenic carbon dioxide” using an “anthropogenic carbon dioxide injection well”.

 

For the purposes of the Act, anthropogenic CO2 includes CO2 derived from another fluid stream or from an emissions source, plus:

  1. incidental associated substance derived from the source material for, or from the process of capturing, such CO2;
  2. any substance added to such CO2 to enable or improve the injection process.

 

Naturally occurring CO2 that is recaptured, recycled and re-injected as part of enhanced recovery operations is expressly excluded from the anthropogenic CO2 definition, and therefore outside the scope of the Act’s geologic storage provisions.

Article/Section No.

Section 27.002

Instrument Text

Sec. 27.002. DEFINITIONS. In this chapter:
(19) "Anthropogenic carbon dioxide":
(A) means:
(i) carbon dioxide that would otherwise have been released into the atmosphere that has been:
(a) stripped, segregated, or divided from any other fluid stream; or
(b) captured from an emissions source, including:
(1) an advanced clean energy project as defined by Section 382.003, Health and Safety Code, or another type of electric generation facility; or
(2) an industrial source of emissions;
(ii) any incidental associated substance derived from the source material for, or from the process of capturing, carbon dioxide described by Subparagraph (i); and
(iii) any substance added to carbon dioxide described by Subparagraph (i) to enable or improve the process of injecting the carbon dioxide; and
(B) does not include naturally occurring carbon dioxide that is recaptured, recycled, and reinjected as part of enhanced recovery operations.
(20) "Anthropogenic carbon dioxide injection well" means an injection well used to inject or transmit anthropogenic carbon dioxide into a reservoir.

Enhanced oil recovery (EOR)

Summary

Section 27.0511 of the Texas Injections Wells Act sets out specific requirements relating to applications for injection well permits to be used for EOR.

 

Before such a permit can be granted:

  1. the applicant must provide to the Texas Railroad Commission written information relating to the material planned to be injected for EOR purposes, and other material that might be injected; and

the Railroad Commission must comply with the determination processes set out in section 27.0511, including by seeking and considering comments on the application from the Texas Commission on Environmental Quality.

Article/Section No.

Section 27.0511

Instrument Text

Sec. 27.0511. CONDITIONS OF CERTAIN PERMITS.

(a) If the railroad commission receives an application for an injection well permit for a well that is to be used for enhanced recovery of oil, before a permit for the well may be granted, the railroad commission shall require the applicant for the permit to provide written information relating to the material that the applicant plans to inject into the well for enhanced recovery purposes and to other material available to the applicant that might be used to inject into the well for enhanced recovery and shall make the determination required by Subsection (c) of this section.

(b) At the time the railroad commission receives an application under Subsection (a) of this section, it shall give notice to the commission that an application covered by this section is being considered and shall supply the commission with a copy of the application and a request for commission comment on the application. On receiving the information requested under Subsection

(a) of this section, the railroad commission shall notify the commission that the information has been received and make the information available for the commission's inspection. The commission shall examine the application and information. Before the railroad commission considers the application, the commission shall submit to the railroad commission written comments regarding the use of fresh water under the permit and any problems that the commission anticipates will result from the use of fresh water under the permit. However, if the commission does not submit its written comments within 30 days after the request, the railroad commission may consider the application without the commission comments.

(c) On receiving the information required by Subsection (a) of this section, the railroad commission shall consider the information at the same time it considers whether or not to grant the permit, and if the applicant proposes to inject fresh water into the injection well for enhanced recovery, the railroad commission shall consider whether or not there is some other solid, liquid, or gaseous substance that is available to the applicant and that is economically and technically feasible for the applicant to use for enhanced recovery purposes.

(d) If the railroad commission finds that there is a solid, liquid, or gaseous substance other than fresh water available and economically and technically feasible for use in enhanced recovery under the permit, the railroad commission shall include as a condition of the permit, if granted, that the permittee use the other substance found to be available and economically and technically feasible and that the applicant not use fresh water or that the applicant use fresh water only to the extent specifically stated in the permit.

(e) This section does not apply to injection well permits that are in effect on September 1, 1983. If fresh water is being injected into an injection well in an enhanced recovery program that is in effect on September 1, 1983, and after that time, another substance or material is used for injection for a period of time, the injection well permit is not canceled, and a new permit under this chapter is not required if the operator plans at a later date to resume the use of fresh water for injection in that enhanced recovery program.

(f) Injection well permits for wells that are used for enhanced recovery remain in force until canceled by the railroad commission.

(g) Except as provided by Subsection (h), a person may not continue utilizing or begin utilizing industrial or municipal waste as an injection fluid for enhanced recovery purposes without first obtaining a permit from the commission.

(h) The railroad commission may authorize a person to utilize nonhazardous brine from a desalination operation or nonhazardous drinking water treatment residuals as an injection fluid for enhanced recovery purposes without first obtaining a permit from the commission. The use or disposal of radioactive material under this subsection is subject to the applicable requirements of Chapter 401, Health and Safety Code.
Added by Acts 1983, 68th Leg., p. 5392, ch. 996, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.118, 5.006, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 901, Sec. 4, eff. September 1, 2007.

II. The scope and management of rights
Competition with other Interests

Summary

Under section 27.051(b-1) of the Texas Injection Wells Act, the Texas Railroad Commission may grant an application for a permit to inject CO2 for geologic storage, in whole or in part, and issue the relevant permit, if it finds that, among other things:

  1. CO2 injection and storage will not endanger or injure any oil, gas, or other mineral formation; and
  2. ground and surface fresh water can be adequately protected from CO2 migration or displaced formation fluids.

 

The permit must also include terms and conditions reasonably necessary to protect fresh water from pollution, including the necessary casing.

Article/Section No.

Section 27.051(b-1)
Section 27.051(c)

Instrument Text

Sec. 27.051.  ISSUANCE OF PERMIT.

[…]

(b-1)  The railroad commission may issue a permit under Subchapter C-1 if it finds:

(1)  that the injection and geologic storage of anthropogenic carbon dioxide will not endanger or injure any oil, gas, or other mineral formation;

(2)  that, with proper safeguards, both ground and surface fresh water can be adequately protected from carbon dioxide migration or displaced formation fluids;

[…]

(c)  In the permit, the commission or railroad commission shall impose terms and conditions reasonably necessary to protect fresh water from pollution, including the necessary casing.

III. Permitting storage site exploration, project development and CO2 injection
Controls on site selection

Summary

Section 27.047 of the Texas Injection Wells Act requires the Texas Railroad Commission to adopt rules and procedures for CO2 injection and storage, including with regard to, among other things, geologic site characterisation.

Such rules must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of CO2

Under section 27.051(b-1), the Railroad Commission may grant an application for a permit to inject CO2 for geologic storage, in whole or in part, and issue the relevant permit, if it finds that, among other things, the reservoir into which the CO2 is injected is suitable for, or capable of being made suitable for, protecting against the escape or migration of CO2 from the reservoir.

Article/Section No.

Section 27.047
Section 27.048
Section 27.051(b-1)

Instrument Text

Sec. 27.047. RULES. The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this subchapter, including rules for:
(1) the geologic storage and associated injection of anthropogenic carbon dioxide, including:
(A) geologic site characterization;
(B) area of review and corrective action;
(C) well construction;
(D) operation;
(E) mechanical integrity testing;
(F) monitoring;
(G) well plugging;
(H) postinjection site care;
(I) site closure; and
(J) long-term stewardship;
(2) the enforcement of this subchapter and rules adopted by the railroad commission under this subchapter; and
(3) the collection and administration of:
(A) fees imposed under Section 27.045; and
(B) penalties imposed for a violation of this subchapter or rules adopted by the railroad commission under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.
Sec. 27.048. CONSISTENCY WITH AND IMPLEMENTATION OF FEDERAL REQUIREMENTS. (a) Rules adopted by the railroad commission under this subchapter must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of anthropogenic carbon dioxide.
(b) If rules or regulations adopted to govern the geologic storage and associated injection of anthropogenic carbon dioxide under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) or another federal statute allow this state to seek primary enforcement authority under the underground injection control program:
(1) the railroad commission shall seek primacy to administer and enforce the program subject to the jurisdiction granted under this subchapter; and
(2) this state shall seek primacy to administer and enforce the program for the geologic storage of carbon dioxide in, and the injection of carbon dioxide into, a saline formation.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.
[…]
Sec. 27.051. ISSUANCE OF PERMIT.
[…]
(b-1) The railroad commission may issue a permit under Subchapter C-1 if it finds:
[…]
(4) that the reservoir into which the anthropogenic carbon dioxide is injected is suitable for or capable of being made suitable for protecting against the escape or migration of anthropogenic carbon dioxide from the reservoir; and
[…]

Environmental protection and impact assessment

Summary

Under section 27.051(b-1) of the Texas Injection Wells Act, the Texas Railroad Commission may grant an application for a permit to inject CO2 for geologic storage, in whole or in part, and issue the relevant permit, if it finds that, among other things:

  1. CO2 injection and storage will not endanger or injure human health and safety; and
  2. the reservoir into which the CO2 is injected is suitable for, or capable of being made suitable for, protecting against the escape or migration of CO2 from the reservoir.

 

The permit must also include terms and conditions reasonably necessary to protect fresh water from pollution, including the necessary casing.

Article/Section No.

Section 27.051(b-1)
Section 27.051(c)

Instrument Text

Sec. 27.051.  ISSUANCE OF PERMIT.

[…]

(b-1)  The railroad commission may issue a permit under Subchapter C-1 if it finds:

[…]

 (3)  that the injection of anthropogenic carbon dioxide will not endanger or injure human health and safety;

(4)  that the reservoir into which the anthropogenic carbon dioxide is injected is suitable for or capable of being made suitable for protecting against the escape or migration of anthropogenic carbon dioxide from the reservoir; and

[…]

(c)  In the permit, the commission or railroad commission shall impose terms and conditions reasonably necessary to protect fresh water from pollution, including the necessary casing.

Permitting CO2 injection and storage

Summary

Section 27.043 of the Texas Injection Wells Act prohibits the drilling or operation of a CO2 injection well for geologic storage, and the construction of geologic storage facilities, unless the necessary permits for these activities have been obtained from the Texas Railroad Commission.

Under section 27.044 the Railroad Commission can require permit applicants to provide any information necessary for the Commission to perform its duties under the Act, and under section 27.045 can impose fees to cover the cost of:
1. permitting, monitoring, and inspecting CO2 injection wells and geologic storage facilities; and
2. enforcing and implementing the Act and the rules adopted under it.

Section 27.046 provides that a permit may only be issued once the Railroad Commission has furnished to the applicant a letter of determination, stating that drilling and operating the CO2 injection well or storage facility will not injure any freshwater strata, and that the formation or stratum to be used is not freshwater sand. This determination is to be based on:
1. the area of review and corrective action plans;
2. any subsurface monitoring plans required during injection or post-injection;
3. any post-injection site care plans; and
4. any other elements reasonably required in order to make such determination.

Under section 27.051(b-1), the Railroad Commission may grant an application in whole or in part and issue the relevant permit if it finds that:
1. CO2 injection and storage will not endanger or injure any oil, gas, or other mineral formation;
2. ground and surface fresh water can be adequately protected from CO2 migration or displaced formation fluids;
3. CO2 injection and storage will not endanger or injure human health and safety;
4. the reservoir into which the CO2 is injected is suitable for, or capable of being made suitable for, protecting against the escape or migration of CO2 from the reservoir; and
5. the applicant meets all other statutory and regulatory requirements.

The permit must also include terms and conditions reasonably necessary to protect fresh water from pollution, including the necessary casing.

Under section 27.052, the Railroad Commission must provide a copy of each permit it issues to the Texas Commission on Environmental Quality, who must in turn forward a copy to the Texas Department of Health.

Article/Section No.

Section 27.041
Section 27.042
Section 27.043
Section 27.044
Section 27.045
Section 27.046
Section 27.052

Instrument Text

SUBCHAPTER C-1. GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE


Sec. 27.041. JURISDICTION. (a) Except as provided by Subsection (b), the railroad commission has jurisdiction over the geologic storage of carbon dioxide in, and the injection of carbon dioxide into, a reservoir that is initially or may be productive of oil, gas, or geothermal resources or a saline formation directly above or below that reservoir.
(b) The jurisdiction of the railroad commission over the geologic storage of carbon dioxide in, and the injection of carbon dioxide into, a saline formation described by Subsection (a) is subject to the review of the legislature based on the recommendations made in the preliminary report described by Section 10, S.B. No. 1387, Acts of the 81st Legislature, Regular Session, 2009.
(c) Except as provided by Subsection (b), the railroad commission has jurisdiction over a well used for the purpose provided by Subsection (a) regardless of whether the well was initially completed for that purpose or was initially completed for another purpose and is converted to the purpose provided by Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.


Sec. 27.042. APPLICABILITY. This subchapter does not apply to the injection of fluid through the use of a Class II injection well as defined by 40 C.F.R. Section 144.6(b) for the primary purpose of enhanced recovery operations.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.


Sec. 27.043. PERMIT FROM RAILROAD COMMISSION. A person may not begin drilling or operating an anthropogenic carbon dioxide injection well for geologic storage or constructing or operating a geologic storage facility regulated under this subchapter without first obtaining the necessary permits from the railroad commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.


Sec. 27.044. INFORMATION REQUIRED OF APPLICANT. The railroad commission shall require an applicant to provide any information the railroad commission considers necessary to discharge its duties under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.


Sec. 27.045. FEES. (a) The railroad commission may impose fees to cover the cost of:
(1) permitting, monitoring, and inspecting anthropogenic carbon dioxide injection wells for geologic storage and geologic storage facilities; and
(2) enforcing and implementing this subchapter and rules adopted by the railroad commission under this subchapter.
(b) Fees collected by the railroad commission under this section shall be deposited to the credit of the anthropogenic carbon dioxide storage trust fund established under Section 121.003, Natural Resources Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 27.002(16), eff. September 1, 2011.


Sec. 27.046. LETTER OF DETERMINATION. (a) The railroad commission may not issue a permit under rules adopted under this subchapter until the railroad commission issues to the applicant for the permit a letter of determination stating that drilling and operating the anthropogenic carbon dioxide injection well for geologic storage or operating the geologic storage facility will not injure any freshwater strata in that area and that the formation or stratum to be used for the geologic storage facility is not freshwater sand.
(b) To make the determination required by Subsection (a), the railroad commission shall review:
(1) the area of review and corrective action plans;
(2) any subsurface monitoring plans required during injection or post injection;
(3) any postinjection site care plans; and
(4) any other elements of the application reasonably required in order for the railroad commission to make the determination required by Subsection (a).
(c) The railroad commission shall adopt rules to implement and administer this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021, Sec. 2.06, eff. September 1, 2011.
[…]
SUBCHAPTER D. ISSUANCE OF PERMITS: TERMS AND CONDITIONS

Sec. 27.051. ISSUANCE OF PERMIT.
[…]
(b-1) The railroad commission may issue a permit under Subchapter C-1 if it finds:
(1) that the injection and geologic storage of anthropogenic carbon dioxide will not endanger or injure any oil, gas, or other mineral formation;
(2) that, with proper safeguards, both ground and surface fresh water can be adequately protected from carbon dioxide migration or displaced formation fluids;
(3) that the injection of anthropogenic carbon dioxide will not endanger or injure human health and safety;
(4) that the reservoir into which the anthropogenic carbon dioxide is injected is suitable for or capable of being made suitable for protecting against the escape or migration of anthropogenic carbon dioxide from the reservoir; and
(5) that the applicant for the permit meets all of the other statutory and regulatory requirements for the issuance of the permit.
(c) In the permit, the commission or railroad commission shall impose terms and conditions reasonably necessary to protect fresh water from pollution, including the necessary casing.
[…]
Sec. 27.052. COPIES OF PERMIT; FILING REQUIREMENTS. (a) The commission shall furnish the railroad commission and the Texas Department of Health with a copy of each permit the commission issues. The railroad commission shall furnish the commission with a copy of each permit the railroad commission issues and the executive director shall in turn forward copies to the Texas Department of Health.
(b) Before beginning injection operations, a person receiving a permit to inject industrial and municipal waste shall file a copy of the permit with the health authorities of the county, city, and town where the well is located.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981; Acts 1985, 69th Leg., ch. 795, Sec. 1.119, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 11.300, eff. Sept. 1, 1995.

IV. Operating and closing storage facilities
Monitoring, reporting and verification

Summary

Section 27.047 of the Texas Injection Wells Act requires the Texas Railroad Commission to adopt rules and procedures for CO2 injection and storage, including with regard to, among other things, monitoring.

 

Such rules must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of CO2.

 

Permit holders may also be required under section 27.053 to keep and furnish records of the depth, thickness, and character of the strata penetrated in drilling an injection well.

Article/Section No.

Section 27.047
Section 27.048
Section 27.053

Instrument Text

Sec. 27.047.  RULES.  The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this subchapter, including rules for:

(1)  the geologic storage and associated injection of anthropogenic carbon dioxide, including:

(A)  geologic site characterization;

(B)  area of review and corrective action;

(C)  well construction;

(D)  operation;

(E)  mechanical integrity testing;

(F)  monitoring;

(G)  well plugging;

(H)  postinjection site care;

(I)  site closure; and

(J)  long-term stewardship;

(2)  the enforcement of this subchapter and rules adopted by the railroad commission under this subchapter; and

(3)  the collection and administration of:

(A)  fees imposed under Section 27.045; and

(B)  penalties imposed for a violation of this subchapter or rules adopted by the railroad commission under this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.

Sec. 27.048.  CONSISTENCY WITH AND IMPLEMENTATION OF FEDERAL REQUIREMENTS.  (a)  Rules adopted by the railroad commission under this subchapter must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of anthropogenic carbon dioxide.

(b)  If rules or regulations adopted to govern the geologic storage and associated injection of anthropogenic carbon dioxide under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) or another federal statute allow this state to seek primary enforcement authority under the underground injection control program:

(1)  the railroad commission shall seek primacy to administer and enforce the program subject to the jurisdiction granted under this subchapter; and

(2)  this state shall seek primacy to administer and enforce the program for the geologic storage of carbon dioxide in, and the injection of carbon dioxide into, a saline formation.

Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.

Sec. 27.053.  RECORD OF STRATA.  The commission or railroad commission may require a person receiving a permit or authorization by rule under this chapter to keep and furnish a complete and accurate record of the depth, thickness, and character of the different strata penetrated in drilling an injection well, monitoring well, or production well.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1118, Sec. 3, eff. September 1, 2007.

 

 

Sec. 27.054.  ELECTRIC OR DRILLING LOG.  If an existing well is to be converted to an injection well, monitoring well, or production well, the commission or railroad commission may require the applicant to furnish an electric log or a drilling log of the existing well.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1118, Sec. 4, eff. September 1, 2007.

Inspections

Summary

Under section 27.071 and 27.072 of the Texas Injection Wells Act, members and employees of the Texas Railroad Commission can:

  1. enter public or private property to inspect and investigate conditions relating to CO2 injection wells and geologic storage activities or to monitor compliance; and

examine and copy the records or memoranda of a business investigated under section 27.071 that relate to the operation of a CO2 injection well or geologic storage facility, or any other records required to be maintained by law. 

Article/Section No.

Section 27.071
Section 27.072

Instrument Text

SUBCHAPTER E. GENERAL POWERS

 

 

Sec. 27.071.  POWER TO ENTER PROPERTY.  Members of the commission and the railroad commission and employees of the commission and the railroad commission may enter public or private property to inspect and investigate conditions relating to injection well, monitoring well, disposal well, production well, or geologic storage activities within their respective jurisdictions or to monitor compliance with a rule, permit, or other order of the commission or railroad commission.  Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.

Added by Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.120, eff. Sept. 1, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1118, Sec. 5, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 4, eff. September 1, 2009.

Sec. 27.072.  POWER TO EXAMINE RECORDS.  Members of the commission and the railroad commission and employees of the commission and railroad commission may examine and copy those records or memoranda of a business they are investigating as provided by Section 27.071 that relate to the operation of an injection well, monitoring well, disposal well, production well, or geologic storage facility, or any other records required to be maintained by law.

Added by Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.120, eff. Sept. 1, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1118, Sec. 6, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 4, eff. September 1, 2009.

Corrective and remedial measures

Summary

Section 27.047 of the Texas Injection Wells Act requires the Texas Railroad Commission to adopt rules and procedures for CO2 injection and storage, including with regard to, among other things, areas of review and corrective action.

 

Such rules must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of CO2.

Article/Section No.

Section 27.047
Section 27.048

Instrument Text

Sec. 27.047. RULES. The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this subchapter, including rules for:
(1) the geologic storage and associated injection of anthropogenic carbon dioxide, including:
(A) geologic site characterization;
(B) area of review and corrective action;
(C) well construction;
(D) operation;
(E) mechanical integrity testing;
(F) monitoring;
(G) well plugging;
(H) postinjection site care;
(I) site closure; and
(J) long-term stewardship;
(2) the enforcement of this subchapter and rules adopted by the railroad commission under this subchapter; and
(3) the collection and administration of:
(A) fees imposed under Section 27.045; and
(B) penalties imposed for a violation of this subchapter or rules adopted by the railroad commission under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.
Sec. 27.048. CONSISTENCY WITH AND IMPLEMENTATION OF FEDERAL REQUIREMENTS. (a) Rules adopted by the railroad commission under this subchapter must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of anthropogenic carbon dioxide.
(b) If rules or regulations adopted to govern the geologic storage and associated injection of anthropogenic carbon dioxide under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) or another federal statute allow this state to seek primary enforcement authority under the underground injection control program:
(1) the railroad commission shall seek primacy to administer and enforce the program subject to the jurisdiction granted under this subchapter; and
(2) this state shall seek primacy to administer and enforce the program for the geologic storage of carbon dioxide in, and the injection of carbon dioxide into, a saline formation.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.

Operational liabilities

Summary

Section 27.047 of the Texas Injection Wells Act requires the Texas Railroad Commission to adopt rules and procedures for CO2 injection and storage, including with regard to, among other things, well construction, operation and mechanical integrity testing.

 

Such rules must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of CO2.

Article/Section No.

Section 27.047
Section 27.048

Instrument Text

Sec. 27.047. RULES. The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this subchapter, including rules for:
(1) the geologic storage and associated injection of anthropogenic carbon dioxide, including:
(A) geologic site characterization;
(B) area of review and corrective action;
(C) well construction;
(D) operation;
(E) mechanical integrity testing;
(F) monitoring;
(G) well plugging;
(H) postinjection site care;
(I) site closure; and
(J) long-term stewardship;
(2) the enforcement of this subchapter and rules adopted by the railroad commission under this subchapter; and
(3) the collection and administration of:
(A) fees imposed under Section 27.045; and
(B) penalties imposed for a violation of this subchapter or rules adopted by the railroad commission under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.
Sec. 27.048. CONSISTENCY WITH AND IMPLEMENTATION OF FEDERAL REQUIREMENTS. (a) Rules adopted by the railroad commission under this subchapter must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of anthropogenic carbon dioxide.
(b) If rules or regulations adopted to govern the geologic storage and associated injection of anthropogenic carbon dioxide under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) or another federal statute allow this state to seek primary enforcement authority under the underground injection control program:
(1) the railroad commission shall seek primacy to administer and enforce the program subject to the jurisdiction granted under this subchapter; and
(2) this state shall seek primacy to administer and enforce the program for the geologic storage of carbon dioxide in, and the injection of carbon dioxide into, a saline formation.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.

Financial security

Summary

Section 27.050 of the Texas Injection Wells Act requires persons holding CO2 injection well permits for geologic storage to provide to the Texas Railroad Commission, on an annual basis, satisfactory evidence of financial responsibility.

 

In determining whether a person is financially responsible, the Commission is required to rely on:

  1. the person’s most recent quarterly report filed with the United States Securities Exchange Commission; or
  2. if the person is not required to file such a report, the person's most recent audited financial statement.

 

Under section 27.073, an injection well permit holder may be required to maintain a performance bond or other form of financial security, to ensure that:

  1. abandoned wells are properly plugged; or
  2. funds are available for well plugging, post-injection site care, and well closure.

 

The Texas Railroad Commission is in turn authorised under section 27073(b-1) to receive funds as the beneficiary of a financial responsibility mechanism established for the proper management of CO2 injection wells or geologic storage facilities.

Article/Section No.

Section 27.050
Section 27.073

Instrument Text

Sec. 27.050. FINANCIAL RESPONSIBILITY. (a) A person to whom a permit is issued under this subchapter must provide to the railroad commission annually evidence of financial responsibility that is satisfactory to the railroad commission.
(b) In determining whether the person is financially responsible, the railroad commission shall rely on:
(1) the person's most recent quarterly report filed with the United States Securities and Exchange Commission under Section 13 or 15(d), Securities Exchange Act of 1934 (15 U.S.C. Section 78m or 78o(d)); or
(2) if the person is not required to file with the United States Securities and Exchange Commission a report described by Subdivision (1), the person's most recent audited financial statement.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.
[…]
Sec. 27.073. FINANCIAL RESPONSIBILITY. (a) A person to whom an injection well permit is issued may be required by the commission or railroad commission to maintain a performance bond or other form of financial security to ensure that:
(1) an abandoned injection well is properly plugged; or
(2) funds are available for plugging, postinjection site care, and closure of an anthropogenic carbon dioxide injection well subject to Subchapter C-1.
(a-1) Notwithstanding Subsection (a), a person to whom an in situ uranium mining injection well, monitoring well, or production well permit is issued shall be required by the commission to maintain a performance bond or other form of financial security to ensure that an abandoned well is properly plugged.
(b) Each state agency is authorized to receive funds as the beneficiary of a financial responsibility mechanism established under this section for the proper plugging of an injection well. Each state agency is authorized to expend such funds from a financial responsibility mechanism for the plugging of wells covered by that mechanism.
(b-1) The railroad commission is authorized to receive funds as the beneficiary of a financial responsibility mechanism established under this chapter for the proper management of an anthropogenic carbon dioxide injection well or geologic storage facility.
(c) If liability insurance is required of an applicant, the applicant may not use a claims made policy as security unless:
(1) the policy provides for a right of extension by the insured upon cancellation or nonrenewal of the policy by the insurance company;
(2) the applicant places in escrow as provided by the commission an amount sufficient to enable the commission to exercise the right under the policy to purchase an extension of the policy from the date of cancellation or expiration of the policy that is reasonable in light of the degree and duration of the risks; and
(3) the applicant provides the commission with a limited power of attorney by which the commission is given an irrevocable power to exercise the applicant's right under the policy to purchase such an extension of the policy.
(d) In addition to other forms of financial security authorized by the rules of the commission, the commission may authorize an applicant to use the letter of credit form of financial security if either the issuing institution or another institution which guarantees payment under the letter:
(1) is a bank chartered by the state or by the federal government;
(2) is federally insured and its financial practices are regulated by the state or federal government; and
(3) is solvent and is not in receivership or owned or controlled by an entity that is insolvent or in receivership.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981. Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.120, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 638, Sec. 6, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1234, Sec. 2, eff. Aug. 28, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1118, Sec. 7, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 5, eff. September 1, 2009.

Enforcement

Summary

Section 27.047 of the Texas Injection Wells Act requires the Texas Railroad Commission to adopt rules and procedures for CO2 injection and storage, including with regard to, among other things, enforcement and administration of penalties.

 

Such rules must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of CO2.

 

Subchapter F of the Act sets out a range of civil and criminal remedies for contravention of the Act’s provisions, as well as procedures for the determination and enforcement of such penalties.

Article/Section No.

Section 27.047
Section 27.048

Instrument Text

Sec. 27.047.  RULES.  The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this subchapter, including rules for:

(1)  the geologic storage and associated injection of anthropogenic carbon dioxide, including:

(A)  geologic site characterization;

(B)  area of review and corrective action;

(C)  well construction;

(D)  operation;

(E)  mechanical integrity testing;

(F)  monitoring;

(G)  well plugging;

(H)  postinjection site care;

(I)  site closure; and

(J)  long-term stewardship;

(2)  the enforcement of this subchapter and rules adopted by the railroad commission under this subchapter; and

(3)  the collection and administration of:

(A)  fees imposed under Section 27.045; and

(B)  penalties imposed for a violation of this subchapter or rules adopted by the railroad commission under this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.

Sec. 27.048.  CONSISTENCY WITH AND IMPLEMENTATION OF FEDERAL REQUIREMENTS.  (a)  Rules adopted by the railroad commission under this subchapter must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of anthropogenic carbon dioxide.

(b)  If rules or regulations adopted to govern the geologic storage and associated injection of anthropogenic carbon dioxide under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) or another federal statute allow this state to seek primary enforcement authority under the underground injection control program:

(1)  the railroad commission shall seek primacy to administer and enforce the program subject to the jurisdiction granted under this subchapter; and

(2)  this state shall seek primacy to administer and enforce the program for the geologic storage of carbon dioxide in, and the injection of carbon dioxide into, a saline formation.

Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.

Site closure

Summary

Section 27.047 of the Texas Injection Wells Act requires the Texas Railroad Commission to adopt rules and procedures for CO2 injection and storage, including with regard to, among other things, well plugging, post injection site care, and site closure.

 

Such rules must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of CO2.

Article/Section No.

Section 27.047
Section 27.048

Instrument Text

Sec. 27.047.  RULES.  The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this subchapter, including rules for:

(1)  the geologic storage and associated injection of anthropogenic carbon dioxide, including:

(A)  geologic site characterization;

(B)  area of review and corrective action;

(C)  well construction;

(D)  operation;

(E)  mechanical integrity testing;

(F)  monitoring;

(G)  well plugging;

(H)  postinjection site care;

(I)  site closure; and

(J)  long-term stewardship;

(2)  the enforcement of this subchapter and rules adopted by the railroad commission under this subchapter; and

(3)  the collection and administration of:

(A)  fees imposed under Section 27.045; and

(B)  penalties imposed for a violation of this subchapter or rules adopted by the railroad commission under this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.

Sec. 27.048.  CONSISTENCY WITH AND IMPLEMENTATION OF FEDERAL REQUIREMENTS.  (a)  Rules adopted by the railroad commission under this subchapter must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of anthropogenic carbon dioxide.

(b)  If rules or regulations adopted to govern the geologic storage and associated injection of anthropogenic carbon dioxide under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) or another federal statute allow this state to seek primary enforcement authority under the underground injection control program:

(1)  the railroad commission shall seek primacy to administer and enforce the program subject to the jurisdiction granted under this subchapter; and

(2)  this state shall seek primacy to administer and enforce the program for the geologic storage of carbon dioxide in, and the injection of carbon dioxide into, a saline formation.

Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.

V. Management of long-term responsibilities and liabilities
Financial contributions to long term stewardship

Summary

Section 27.047 of the Texas Injection Wells Act requires the Texas Railroad Commission to adopt rules and procedures for CO2 injection and storage, including with regard to, among other things, long-term stewardship.

 

Such rules must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of CO2.

Article/Section No.

Section 27.047
Section 27.048

Instrument Text

Sec. 27.047. RULES. The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this subchapter, including rules for:
(1) the geologic storage and associated injection of anthropogenic carbon dioxide, including:
(A) geologic site characterization;
(B) area of review and corrective action;
(C) well construction;
(D) operation;
(E) mechanical integrity testing;
(F) monitoring;
(G) well plugging;
(H) postinjection site care;
(I) site closure; and
(J) long-term stewardship;
(2) the enforcement of this subchapter and rules adopted by the railroad commission under this subchapter; and
(3) the collection and administration of:
(A) fees imposed under Section 27.045; and
(B) penalties imposed for a violation of this subchapter or rules adopted by the railroad commission under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.
Sec. 27.048. CONSISTENCY WITH AND IMPLEMENTATION OF FEDERAL REQUIREMENTS. (a) Rules adopted by the railroad commission under this subchapter must be consistent with applicable rules or regulations adopted by the United States Environmental Protection Agency or another federal agency governing the injection and geologic storage of anthropogenic carbon dioxide.
(b) If rules or regulations adopted to govern the geologic storage and associated injection of anthropogenic carbon dioxide under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) or another federal statute allow this state to seek primary enforcement authority under the underground injection control program:
(1) the railroad commission shall seek primacy to administer and enforce the program subject to the jurisdiction granted under this subchapter; and
(2) this state shall seek primacy to administer and enforce the program for the geologic storage of carbon dioxide in, and the injection of carbon dioxide into, a saline formation.
Added by Acts 2009, 81st Leg., R.S., Ch. 224, Sec. 2, eff. September 1, 2009.

VI. Additional Issues
Additional Issues

Article/Section No.

Section 27.022

Instrument Text

Sec. 27.022.  JURISDICTION OVER CARBON DIOXIDE INJECTION.  The commission has jurisdiction over the injection of carbon dioxide produced by a clean coal project, to the extent authorized by federal law, into a zone that is below the base of usable quality water and that is not productive of oil, gas, or geothermal resources by a Class II injection well, or by a Class I injection well if required by federal law.

Added by Acts 2005, 79th Leg., Ch. 1097, Sec. 9, eff. June 18, 2005.