(a) This subchapter applies to a brine evaporation pit:(1) operated for the commercial production of brine product by solar evaporation; and(2) in operation on or after the effective date of this rule, regardless of the date the facility began operation.(b) This subchapter does not apply to:(1) operations associated with oil and gas production and regulated under the authority of the Texas Railroad Commission; in accordance with 16 TAC §3.30 (relating to Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Commission on Environmental Quality); or as is in 16 TAC §3.30; or(2) the recovery of brine product via evaporation of water sources other than groundwater and incidental storm water.