Pressure Increases for Texas to Allow Treated Drilling Waste Into Rivers and Rangeland

Pressure increases for Texas to allow treated drilling waste into rivers and rangeland ORLA, Texas, Elected officials and industry leaders are warning that Texas is approaching a critical point where the underground storage capacity for the nearly 1 billion gallons of wastewater generated daily by oil and gas operations in the Permian Basin may soon be exhausted. This wastewater, referred to as produced water, is typically injected into deep disposal wells. However, such injections have led to increased subsurface pressure, resulting in seismic activity and operational risks like blowouts. As a result, the oil industry is actively exploring alternative methods to treat and reuse this waste. Industry representatives highlighted the urgency of finding new solutions during recent legislative hearings in Austin and conferences in Midland. They stressed that the lack of suitable disposal sites could significantly impact oil production in the region. The Texas Commission on Environmental Quality (TCEQ) is currently working on two initiatives aimed at repurposing treated produced water. One program allows for the discharge of treated wastewater into rivers, with applications accepted since 2024. Another proposes applying treated water to land for irrigation or rangeland restoration. Despite these efforts, no permits have yet been issued under either program. During a Senate hearing, Commissioner Jim Wright of the Railroad Commission underscored the importance of expediting regulatory processes. He warned that delays could hinder oil and gas development throughout the Permian Basin. “I respectfully urge TCEQ to finalize and issue workable permits as soon as possible,” Wright stated. As political pressure grows on the TCEQ to expedite the permitting process, several pilot projects utilizing treated produced water continue. These projects aim to gather comprehensive data necessary for publishing peer-reviewed studies that will guide future regulations. Nonetheless, advocates remain skeptical about the timing of the current rulemaking efforts, arguing that the science behind treating and safely reusing produced water is still evolving. The TCEQ has not responded directly to inquiries regarding the scientific foundation of its proposed rules or the anticipated timeline for issuing initial permits. A spokesperson, Victoria Cann, noted that each permit is tailored to specific conditions and locations, ensuring adherence to Texas Surface Water Quality Standards and protection of drinking water, aquatic life, and other water uses. Produced water presents a particularly challenging waste stream due to its composition. It includes toxic chemicals used in hydraulic fracturing, along with highly saline water that has remained trapped in geological formations for millennia. Among the contaminants found in produced water are bromide, arsenic, strontium, barium, radioactive isotopes, and volatile organic compounds such as benzene, toluene, ethylbenzene, and xylenes. In 2021, the TCEQ assumed primary responsibility for permitting discharges of treated produced water from the U.S. Environmental Protection Agency. During the 2025 legislative session, Texas lawmakers shifted the authority to permit land application of treated produced water from the Railroad Commission to the TCEQ, citing the latter's enhanced expertise in water quality management. In April, the Texas Produced Water Consortium, a research group supported by the state and located at Texas Tech University, released a report containing water quality data from five pilot projects. This data contributes to the ongoing dialogue around the safe handling and potential beneficial reuse of treated produced water. A billboard advertising fresh water for sale appears alongside highways in the Permian Basin, highlighting the substantial water demands of fracking operations. This context underscores the growing need for innovative approaches to manage both the volume and environmental impact of produced water.