(a) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall include monitoring requirements the director or Commission determines to be reasonably necessary to ensure that the recyclable product meets the environmental and engineering standards established by the director or the Commission and included in the permit.
(b) Consistent with the requirements of §4.208 of this title (relating to General Standards for Permit Issuance), the director or the Commission shall establish and include in the permit for on-lease commercial solid oil and gas waste recycling the parameters for which the partially treated waste is to be tested, and the limitations on those parameters based on:
  (1) the type of oil and gas waste; and
  (2) the intended use for the recyclable product.
(c) A permit for on-lease commercial solid oil and gas waste recycling may require laboratory testing. A permit that requires laboratory testing shall require that the permittee use an independent third party laboratory to analyze a minimum standard volume of partially treated waste for parameters established in this subchapter or in a permit issued by the Commission.
(d) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division from which the recycled product will be used as road base or other similar uses shall include a requirement that a minimum of one sample from each 200 cubic yards of partially treated waste be collected and analyzed for every 800 cubic yard composite for the following minimum parameters and meet the following limits:
Attached Graphic
(e) Recordkeeping and reporting requirements.
  (1) Recordkeeping requirements.
    (A) Records must be kept of all waste treated for a period of three years from the date of treatment.
    (B) These records must include the following:
      (i) name of the generator;
      (ii) source of the waste (lease number or gas I.D. number and well number, or API number);
      (iii) date the waste was treated at the drill site;
      (iv) volume of the waste treated at the drill site;
      (v) name of the carrier;
      (vi) identification of the receiving site including the lease number or gas I.D. number and well number, API number, or county road number;
      (vii) documentation that the landowner of the receiving location has been notified of the use of the recyclable product on the landowner's property if used on private land; and
      (viii) documentation indicating the approximate location where recyclable product is used including a topographic map showing the location of the area.
  (2) Reporting requirements. The permittee shall provide the Commission, on a quarterly basis, a copy of the records required in this section.

Source Note: The provisions of this §4.222 adopted to be effective April 15, 2013, 38 TexReg 2334