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 Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and a notice and comment hearing on the draft Oil and Gas General Operating Permit (GOP) Numbers 511, 512, 513, & 514. The draft GOPs contain revisions based on recent federal and state rule changes, which include updates to the requirements tables; the addition of new requirements tables; and updates to the terms. The renewal also corrects typographical errors and updates language for administrative preferences. For more information go to: https://www.tceq.texas.gov/permitting/air/nav/titlev/news.html

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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 TCEQ’s Ecological Risk Assessment (ERA) Program has released updates for two important resources. These resources should be used, as appropriate, for Texas Risk Reduction Program (TRRP) submittals with an ecological component.

Aquatic Life Surface Water Benchmark Tables

The aquatic life surface water benchmark tables have been updated and are available on the TCEQ website. These tables can be found at any of the following links:

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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

The Texas Board of Professional Geoscientists (TBPG) proposes amendments concerning the licensure and regulation of Professional Geoscientists in Texas. TheTBPG proposes to repeal 22 TAC §851.24, and proposes amendments to 22 TAC §§851.20, 851.22, 851.23, 851.40, and 851.41, to comply with statutory changes to Texas Occupations Code, Chapter 1002, the Texas Geoscience Practice Act (the Act) by the 86th Legislature (2019) when they enacted HB 1311, which amended the Act, effective September 1, 2019. The TBPG now proposes changes to its rules to implement the statutory changes. The proposed repeal and amendments will implement the statutory removal of the requirement that applicants for a P.G. license submit references, and the removal of the statutory requirement that P.G. applications be notarized. Proposed amendments will also remove the reference requirement for applicants seeking certification as Geoscientists-in-Training to be consistent with the requirements for P.G. applicants. The amendments also re-number the subsections accordingly. For more information go to: https://www.sos.state.tx.us/texreg/archive/July122019/Proposed%20Rules/22.EXAMINING%20BOARDS.html#46

Henry M. Wise, P.G.

The Wise Report

The State Legislature is now out of session.  Bills that have been passed and are awaiting the Governor’s decision are listed below, along with their current status. New information is listed in bold (3 signed by the Governor and 1 becomes effective without his signature).  All will take effect on 9/1/2019):

HB 720, by Larson and Guillen, Relating to appropriations of water for use in aquifer storage and recovery projects. Sent to the Governor, 5/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB720

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Editorial comment:

The Texas legislative session is drawing to a close and bills are being sent to the Governor for his signature.  Once sent to him, he has 10 days to sign, veto, or allow to pass without his signature.  The most closely watched bill this year was HB 1311 (relating to the continuation and functions of the Texas Board of Professional Geoscientists (TBPG)), which passed without the Governor’s signature.

I want to thank the Texas Geoscience Council (TGC) for taking on and leading the herculean task of assuring the continuation of the TBPG (full disclosure, I am on the TGC Board of Directors as the AIPG-Texas representative).  Typically, the Texas legislature will follow the Sunset Commission’s recommendations.  The Sunset Commission’s staff report for the TBPG recommended abolishment.  This recommendation took everyone by surprise and the TGC was originally founded to change this recommendation.  The TGC quickly organized a massive campaign with most of the Texas geologic organizations for a letter-writing campaign, testimony by a number of people from various Texas geological organizations and businesses, and hiring a lobbyist.  Funding for the lobbyist was provided by many geological organizations, businesses, and individuals.

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The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (0 new bills listed):

HB 223, by Reynolds, Relating to the funding through greenhouse gas emissions fees of energy efficiency programs administered by certain utilities; authorizing a fee. Referred to State Affairs, 2/19/2019. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB223

HB 225, by Reynolds, Relating to the analysis of inspection and maintenance requirements for air quality permits issued by the Texas Commission on Environmental Quality for certain oil and gas facilities. Regulates fugitive emissions from all oil field equipment, the use of venting and flaring, etc. Referred to Environmental Regulation, 2/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB225

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The Wise Report

The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (0 new bills listed):

HB 223, by Reynolds, Relating to the funding through greenhouse gas emissions fees of energy efficiency programs administered by certain utilities; authorizing a fee. Referred to State Affairs, 2/19/2019. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB223

HB 225, by Reynolds, Relating to the analysis of inspection and maintenance requirements for air quality permits issued by the Texas Commission on Environmental Quality for certain oil and gas facilities. Regulates fugitive emissions from all oil field equipment, the use of venting and flaring, etc. Referred to Environmental Regulation, 2/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB225

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