The Wise Report

The Texas Commission on Environmental Quality (TCEQ) adopts amended §7.119 without changes to the proposed text as published in the April 12, 2019, issue of the Texas Register (44 TexReg 1813). This rule-making will adopt by reference updates to the commission’s memorandum of understanding (MOU) with the Texas Department of Transportation (TxDOT) regarding TCEQ environmental reviews of TxDOT highway (transportation) projects. The updates are required to implement the following statutes and legislation:

Texas Transportation Code, §201.607(a) requires TxDOT and each state agency that is responsible for the protection of the natural environment, which includes the TCEQ, to revise their MOU that relates to the review of the potential environmental effect of a highway project.  Texas Transportation Code, §201.607(b) requires TxDOT and the TCEQ to adopt, by rule, all revisions to the MOU.  TxDOT and the TCEQ have negotiated updated MOU language.  TxDOT adopted the updated MOU in 43 TAC Chapter 2, Subchapter I on February 28, 2019, the rules became effective on March 20, 2019.  This rulemaking adopts by reference 43 TAC §§2.301 – 2.308.  For more information go to:  https://www.sos.state.tx.us/texreg/archive/August162019/Adopted%20Rules/30.ENVIRONMENTAL%20QUALITY.html#80

Henry M. Wise, P.G.

The Wise Report

Texas Water Code, Section 26.406 requires the annual report to describe the current status of groundwater monitoring activities conducted or required by each agency at regulated facilities or associated with regulated activities. The report is required to contain a description of each case of groundwater contamination documented during the previous calendar year. Also to be included, is a description of each case of contamination documented during previous periods for which voluntary clean up action was incomplete at the time the preceding report was issued. The report is also required to indicate the status of enforcement action for each listed case. The latest report can be found at: Joint Groundwater Monitoring and Contamination Report 2018, SFR-056/18

Henry M. Wise, P.G.