The Wise Report

The Texas Legislature is now in session and bills are being filed and worked on. New information are shown in bold.

HB 632, by Darby, Relating to the establishment of an advisory committee for the TexNet seismic monitoring program. Filed 11/23/2020. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB632

HB 666, by Harris, Companion bills HB 668 (Duplicate) and SB 152 (Identical), Relating to the regulation of groundwater conservation districts. A person with groundwater ownership and rights may petition the district to adopt modify a rule. This bill lists what the petition must contain.  Filed 11/30/2020.  For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB666

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The Wise Report

The TCEQ discovered and fixed several errors found in the soil TPH calculator (columns E and I of the excel sheets) for the >C12-C16 Aliphatic, >C16 – C21 Aliphatic, and the >C21-C35 Aliphatic carbon ranges. The errors were caused by the incorrect referencing of cells within the PCL calculation equation for the listed aliphatic carbon ranges. Instances of the errors occurred in the TotSoilCombGWSoilIngGWSoilClass3, and AirSoilInh-V TPH excel sheets.

The soil TPH calculator has been updated and posted on the TCEQ external webpage: https://www.tceq.texas.gov/remediation/trrp/trrppcls.html. The revised version (V 3.0 – 02/2020) should be used moving forward.

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The Wise Report

The Railroad Commission of Texas (Commission) proposes amendments to §3.53, relating to Annual Well Tests and Well Status Reports Required. The amendments would adjust the testing requirements for oil wells to minimize the frequency of such tests, thereby reducing the administrative burden for those wells and associated costs to industry. The Commission also proposes amendments to §3.52, relating to Oil Well Allowable Production, to reflect the changes in §3.53.

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The Wise Report

At its open meeting on April 24, 2018, the Railroad Commission (RRC) proposed amendments to §§3.52 and 3.53 regarding testing requirements for oil wells. The amendments to §3.53 would allow operators to elect not to perform or file a production capability test for a well after the initial test has been filed except in certain circumstances. If the operator elects not to perform such a test, then the RRC would use the results of the most recent test or optional allocation on file with the RRC. Under the proposed amendments, operators would still be required to file the Form W-10 annually to report the status of each well. The proposed amendments to §3.52 would remove references to annual tests to reflect the proposed amendments to §3.53. For more information go to:  http://www.rrc.texas.gov/media/45028/prop-amend-3-52-and-3-53-well-testing-sig-042418.pdf

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The Wise Report

The Railroad Commission is seeking stakeholder input on our first-ever oil and gas monitoring and enforcement strategic plan. This plan assesses the most effective use of the agency’s resources to ensure public safety and environmental protection. The draft was developed by an RRC multi-disciplinary team and can be found at:

http://www.rrc.texas.gov/media/44365/draft-og-strategic-plan-fy2019_final-draft.pdf

Using a web-based survey tool, the Commission is accepting public comments on the first draft plan until 5 p.m. Friday, April 20, 2018. To submit comments online, complete the survey at:

https://www.surveygizmo.com/s3/4227181/Oil-and-Gas-Division-Monitoring-and-Enforcement-Plan-Comments

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Environmental Issues and the Railroad Commission of Texas

The stewardship of natural resources and the environment is an important part of the Railroad Commission of Texas’ (RRC) mission. On the evening of November 8, 2017, Mr. Peter Fisher and Mr. Peter Pope discussed the environmental issues and regulations related to activities under the jurisdiction of the RRC, with a focus on regulation of oil and gas exploration and production activities, as well as such related topics as reclamation, remediation, the EPA hydraulic fracturing study, and seismicity, among other topics during their presentation during the Houston Geological Society Environmental & Engineering Dinner Meeting & Seminar.  The HGS announcement (here).  See PDF of presentation (here).

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Gov. Greg Abbott signed the Railroad Commission’s Sunset Bill, House Bill 1818 (HB 1818) into law May 22, 2017 reauthorizing the RRC for 12 more years until Sept. 1, 2029. The bill also provides the agency with the authority to assess pipeline safety fees to support its pipeline safety regulatory program; jurisdiction over preventing interstate pipeline damage and a mandate to publish an annual oil and gas monitoring report.

Under this legislation, the RRC’s Oil & Gas Division is directed to develop and publish an oil and gas monitoring strategic annual plan each fiscal year to ensure the agency’s resources are used to protect public safety and the environment. The RRC is directed to publish this report on its website by July 1, 2017 preceding each state fiscal year.

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The Wise Report

The Texas Railroad Commission (RRC) adopts amendments to §3.15, relating to Surface Equipment Removal Requirements and Inactive Wells, with one change to the proposed text as published in the August 26, 2016, issue of the Texas Register (41 TexReg 6311). The RRC adopts the amendments to more accurately track when inactive wells have been returned to production, thereby reducing the administrative burden for the operators of those wells and associated costs to industry. The RRC adopts the amendments with an effective date of January 1, 2017.  For more information go to:  http://www.sos.state.tx.us/texreg/archive/December22016/

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The Railroad Commission of Texas (RRC) adopts amendments to §§3.5, 3.31, 3.38, 3.40, 3.45, 3.51, 3.52 and 3.86, relating to Application To Drill, Deepen, Reenter, or Plug Back; Gas Reservoirs and Gas Well Allowable; Well Densities; Assignment of Acreage to Pooled Development and Proration Units; Oil Allowables; Oil Potential Test Forms Required; Oil Well Allowable Production; and Horizontal Drainhole Wells, respectively. Sections 3.5, 3.31, 3.38, 3.40, 3.45, 3.51 and 3.52 are adopted without changes, and §3.86 is adopted with changes from the proposed text as published in the November 6, 2015, issue of the Texas Register (40 TexReg 7766).

The RRC adopts the amendments to establish a procedure for designating certain fields as unconventional fracture treated fields (“UFT fields”). A UFT field is a field in which horizontal drilling and hydraulic fracturing must be used in order to recover resources from all or part of the field and which is developed using either vertical or horizontal drilling techniques. This designation includes shale formations, such as the Eagle Ford and Barnett Shale, in which the drainage of a wellbore is based upon the area reached by the hydraulic fracturing treatments rather than conventional flow patterns. The substantive amendments to incorporate this concept are adopted in §3.86(i) – (l), with supporting and conforming amendments proposed in the other sections.

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The Wise Report

The Texas Board of Professional Geoscientists (TBPG) is proposing rule amendments to Chapters 850 and 851 concerning the licensure and regulation of Professional Geoscientists. Many of the changes are for consistency and clarity.

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