A proposed injection well that would pump millions of gallons of industrial waste deep underground in Montgomery County faces a new challenge before a second state agency.

TexCom Gulf Disposal is seeking permits from the Texas Commission on Environmental Quality for four injection wells to pump 184 million gallons of industrial waste under the old Conroe oil fields off Creighton Road. The plan is widely opposed by Montgomery County officials who said the waste could contaminate the county’s water supply.

The company faces a separate challenge before the Texas Railroad Commission, which oversees the oil and gas industry in the state, on whether the injection wells will interfere with efforts to produce oil from the area. Denbury Onshore, which recently purchased the site from Wapiti, filed a complaint with the agency and a hearing is scheduled on Aug. 16, said Ramona Nye, a spokeswoman for the commission.

“We feel it could endanger and damage our gas reserves,” said Tracy Evans, president of Denbury. “We are trying to protect our resource.”

In 2005, the Texas Railroad Commission issued a letter that the TexCom project would not interfere with any known gas or oil resources, a decree required by the Texas Water Code in the TCEQ permit process. In an unusual move, the issue will be reopened for consideration.

“Denbury is concerned that TexCom's proposed wells will have an adverse effect on its proposed enhanced oil recovery operations and, therefore, the RRC's letter issued to the prior operator, Wapiti, in 2005 is no longer valid,” said Ramona Nye, a spokewoman for the Texas Railroad Commission.

If the Texas Railroad Commission withdraws its letter, it has the potential to stop the permit process in its tracks.

Louis Ross, president of TexCom, declined to comment on the railroad hearing.

Jennifer Real of Stop The Toxic Wells said she is thrilled about the Texas Railroad Commission hearing. She said the issue demonstrates the flaw in the state process to protect the public in the process.

“I think it’s fantastic,” Real said. “I am thrilled that is has come to light and I hope that our regulators see there are serious flaw in the system and that they need to look into these things correctly. We need better checks and balances.”

The Texas Railroad Commission hearing comes on the heels of the second set of hearings before a two judge administrative law panel that will make recommendation to TCEQ on the permit application. Denbury was allowed to participate in the second set of hearings.

The county and many local public and groups are opposing the wells because they believe it could contaminate the county’s sole drinking water supply, which is currently held in underground aquifers. Opponents also cite increase traffic and safety concerns on area roads as the industrial waste is transported to the site.

After the first round of public hearing, Judges Tom Walston and Cathy Egan at the state Office of Administrative Hearings recommendated that the permit be granted as long as TexCom tested the wells and relocated its driveway to FM 3083.

The three member TCEQ panel rejected the recommendation and sent the case back for a rehearing on additional testing and analysis on the potential impact of the wells. The judges are expected to issue new recommendations to the TCEQ commissioners by the end of the year.

Injection Well Permits
TexCom Gulf Disposal, located at 16185 Creighton Road in Conroe, has applied for four injection well permits as well as above ground storage tanks from the Texas Commission on Environmental Quality. They would like to pump up to 184 million gallons of industrial waste a year between 5,000 to 6,000 feet below the county. Among the materials that would be disposed of at the site are:
Acid aqueous waste
Spend caustic
Caustic aqueous waste
Scrubber waste
Oil water emulsion or mixture
Paint thinner or petroleum distillates
Ethylene glycol based antifreeze
Source: Texas Commission on Environmental Quality