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TCEQ Proposes Rules Allowing Land Application of Treated Oilfield Wastewater

The Texas Commission on Environmental Quality proposed rules to allow treated oilfield wastewater to be applied to land across the state, opening a public comment period that closes June 16.

According to the agency’s proposal submitted on May 1, the rulemaking implements a 2025 state law transferring authority over the land application of “produced water” from the Railroad Commission of Texas to TCEQ.

TCEQ said the rule carries no fiscal implications and is not specifically intended to protect the environment or reduce risks to human health, but to implement Senate Bill 1145. The law, authored by Senator Brian Birdwell, authorized the reuse of treated produced water for purposes such as crop irrigation.

Environmental groups argue the policy is advancing faster than the science needed to ensure safety. According to an April analysis by the Sierra Club Lone Star Chapter, Texas generates 20 to 25 million barrels of produced water a day, which can contain salts, heavy metals, and undisclosed fracking chemicals.

A companion 2025 measure, House Bill 49, expanded liability protections for operators and landowners involved in produced-water reuse. Clean Water Action wrote that the bill allows oil and gas companies to escape liability for resulting water contamination.

TCEQ will hold a public hearing on the proposal at 10 a.m. June 15 at its central office in Austin, and written comments are due by June 16.