(a) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall contain requirements the Commission determines to be reasonably necessary to ensure that:
  (1) only wastes and other materials authorized by the permit generated on-lease, including requirements that the permittee test incoming oil and gas waste and keep records of amounts of wastes; and
  (2) the processing operation and resulting recyclable product meet the environmental and engineering standards established in the permit.
(b) A permit for on-lease commercial solid oil and gas waste recycling issued under this division may require the permittee to perform a trial run in accordance with the following procedure.
  (1) The permittee shall notify the Commission district office for the county in which the facility is located prior to commencement of the trial run.
  (2) The permittee shall sample and analyze the partially treated waste that results from the trial run, and submit to the director for review a report of the results of the trial run prior to commencing operations.
  (3) The permittee shall demonstrate the ability to successfully process a 1,000 cubic yard batch of solid oil and gas waste.
    (A) The Oil and Gas Division in Austin and the appropriate District Office must be notified in writing at least 72 hours before waste processing begins.
    (B) Samples of the partially treated waste shall be collected from every 200 cubic yards of an 800 cubic yard batch and analyzed for wetting and drying durability by ASTM D 559-96, modified to provide that samples are compacted and molded from finished partially treated waste. The total weight loss after 12 cycles may not exceed 15 percent.
    (C) A written report of the trial run shall be submitted to the Oil and Gas Division in Austin and the appropriate district office within 60 days of receipt of the analyses required in this section. The following information must be included:
      (i) the actual volume of waste material processed;
      (ii) the volume of stabilization material used;
      (iii) copies of all lab analyses required by this section; and
      (iv) the results of the analysis required under subparagraph (B) of this paragraph.
    (D) The final processed material must meet the limitations of this section.
  (4) The director shall approve the trial run if the report demonstrates that the recyclable product meets or exceeds the environmental and engineering standards established in the permit.
  (5) The permittee shall not use the recyclable product until the director approves the trial run report.
(c) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall include any requirements, including limits on the volumes of oil and gas waste, partially treated waste, and recyclable product stored at the site, that the Commission determines to be reasonably necessary to ensure that the permittee does not accumulate oil and gas waste, partially treated waste, and/or recyclable product at the facility without actually processing the oil and gas waste and putting the recyclable product to legitimate commercial use.
(d) Excess rainwater collected within a bermed area shall be removed and disposed of in an authorized manner.
(e) Appropriate measures shall be taken to control dust at all times.
(f) Processed material meeting or exceeding process control parameters listed in §4.222(d) of this title (relating to Minimum Permit Provisions for Monitoring) is suitable for use on lease roads, drilling pads, tank batteries, compressor station pads, and county roads.

Source Note: The provisions of this §4.221 adopted to be effective April 15, 2013, 38 TexReg 2334