Cleanup Rules for Soil Contaminated by a Crude Oil Spill

Summary

This practice note uses Texas as an example of the ways states can provide regulations for how an operator must clean up a spill of crude oil when the oil was spilled in a non-sensitive area. Texas Railroad Commission Rule 3.91, which regulates this area in Texas and which will be discussed in this note, does not apply to the spill of what is termed hydrocarbon condensates and does not apply to an oil spill that occurs in an environmentally sensitive area. In such cases, the cleanup methodology required by the commission is determined on a case-by-case basis in an effort to effectuate the rapid and complete cleanup of the spill in question. Rule 3.91 does cover oil spills in non-sensitive areas that are "associated with the exploration, development, and production, including transportation, of oil or gas or geothermal resources."