The Texas Legislature is currently considering House Bill 4572, which would require oil and gas companies to inform landowners prior to burying toxic waste on their properties. The proposed legislation seeks to enhance existing regulations surrounding waste disposal in reserve pits, traditionally located near drilling sites.

Provisions of House Bill 4572

Introduced by State Representative Penny Morales Shaw, the bill is designed to bolster protections for both groundwater and property owners. The Texas House Energy Resources Committee has begun reviewing the bill and has heard supportive testimony from various stakeholders including landowners and environmental advocates.

Representative Morales Shaw articulated the need for this bill by stating, “Ranch owners can pour their life savings into their dream homestead, only later to find out that they bought a toxic waste reserve.” She emphasized that transparency regarding potential risks would empower landowners to make informed decisions.

Background Context

Waste from the oil and gas industry has become significantly more complex, particularly since the rise of hydraulic fracturing, which utilizes oil-based muds and lubricants. These waste streams often contain hazardous carcinogens such as benzene and arsenic.

As the bill moves through the legislative process, its fate in the House remains uncertain. A corresponding Senate bill (Senate Bill 3017), authored by Senator José Menéndez, is also awaiting action and has not yet been reviewed by committee.

Objectives of the Proposed Regulations

House Bill 4572 aims to establish comprehensive regulations regarding the management of reserve pits, designated as Schedule A pits by the Railroad Commission of Texas. Key elements of the proposed regulations include:

• Defining suitable locations for the construction of reserve pits.
• Implementing bonding requirements to ensure environmental protection.
• Mandating notifications to landowners prior to the burial of toxic waste and securing their consent.
• Establishing groundwater monitoring protocols.

Morales Shaw noted that the current regulatory framework is insufficient to safeguard land and groundwater, citing numerous violations of existing water protection rules linked to waste pits.

Reactions from Stakeholders

Support for the bill has been voiced by numerous landowners, including Mark Friesenhahn, who emphasized the growing toxicity of drilling waste and the inadequacies of current disposal practices. Concerns were also shared by Laura Briggs, whose family has observed environmental degradation linked to waste pits on their land.

On the other hand, the Permian Basin Petroleum Association, represented by Michael Lozano, expressed opposition to the legislation, suggesting that lawmakers should await the implementation of newly drafted regulations by the Railroad Commission before enacting broader laws on waste pits.

Conclusion

As discussions progress within the Energy Resources Committee, the urgency of addressing environmental and landowner concerns has become more pronounced. With the Texas legislative session concluding on June 2, the outcome of House Bill 4572 will emerge as a pivotal moment for landowner rights and environmental safeguards in the state.