The Wise Report

The Memoranda of Understanding (MOU) between the Texas Department of Transportation (TxDOT) and the Texas Commission of Environmental Quality (TCEQ) is under review, as required every five years.  This MOU addresses the TCEQ’s environmental reviews of TxDOT highway (transportation) projects. The updated MOU removes unnecessary definitions and simplifies the coordination process, so that coordination is only required on transportation projects that require environmental impact statements, supplemental environmental impact statements, or environmental assessments.  The public comment period is April 12 to May 13, 2019.  The public hearing date is anticipated to be May 9, 2019.  For more information go to: https://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/proposals/17008007_pex.pdf

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The Wise Report

Effective March 22, 2019, the TCEQ PST Program has revised the Plan A Target Concentrations for Leaking Petroleum Storage Tank (LPST) releases. The new Target Concentrations for soil and groundwater reflect the PAH toxicity parameters, as revised by United States Environmental Protection Agency (US EPA) in March 2017 and the chemical/physical factors as posted by the Technical Support Section of the Remediation Division. The seven (7) affected PAH constituents are:

  • Benz(a)anthracene
  • Benzo(a)pyrene
  • Benzo(b)fluoranthene
  • Benzo(k)-fluoranthene
  • Chrysene
  • Dibenz(a,h)anthracene
  • Indeno-1,2,3-cd-pyrene

The revised Plan A Target Concentrations apply target risk goals as established in the PST rules (Chapter 334, Subchapter G, Section 203.(1) (I) and (J)) and the methodologies developed in the regulatory guidance, Risk-Based Corrective Action for LPST Sites (RG-523/PST-03). All methodologies, default values, and exposure factors used in the equations are supported by ASTM standards (E-1739-95) and US EPA.

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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):

House Bills:

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

Texas House Bills:

HB 223, by Reynolds, Relating to the funding through greenhouse gas emissions fees of energy efficiency programs administered by certain utilities; authorizing a fee.  Filed 11/12/2018.  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.  Filed 11/12/2018.  https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB225

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The Wise Report

The TCEQ Remediation Division issued a revision to the Incident Report Form (TCEQ-20097) for Leaking Petroleum Storage Tank (LPST) sites. The revisions incorporate the current TCEQ mailbox email address for electronic submittals and lists the current TCEQ telephone number to report emergencies. The form also includes documenting the TCEQ Region in which the facility is located.  Beginning June 1, 2018, all previous versions of the report form will be considered obsolete and will no longer be accepted. The form is available on the TCEQ webpage: https://www.tceq.texas.gov/remediation/pst_rp/downloads.html

Henry M. Wise, P.G.

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The Wise Report

The TCEQ has received a “Petition for Rulemaking to simplify regulatory burdens to the State of Texas and its citizens” from Mr. Jed Anderson. His complaint is, basically, that the TCEQ rules are too complex and need to be simplified. The document can be found at: https://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/petitions/17023PET_petition.pdf

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The Wise Report

The TCEQ has issued “Supporting Documentation for the TCEQ’s Ecological Benchmark Tables”, RG-263b (new publication). This publication provides supporting documentation for surface water sediment and soil benchmarks part of the ecological risk assessment process. Use in conjunction with RG-263 and other companion documents and Excel file at www.tceq.texas.gov/goto/era. The document can be found at:  http://www.tceq.texas.gov/publications/rg/rg-263b.html


The TCEQ has issued “Conducting Ecological Risk Assessments at Remediation Sites in Texas”, RG-263 (revised). This is the agency’s primary guidance on how to conduct ecological risk assessments at remediation sites in Texas. Use in conjunction with RG-263B and other companion documents found at www.tceq.texas.gov/goto/era. The document can be found at:  http://www.tceq.texas.gov/publications/rg/rg-263.html


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The Wise Report

The TCEQ updates to the Texas Risk Reduction Program (TRRP) Tier 1 Protective Concentration Levels (PCLs) are now available. You can access these tables using the link: https://www.tceq.texas.gov/remediation/trrp/trrppcls.html

The 2017 PCL table update has been released as a single Microsoft Excel workbook with each table on a separate worksheet.  We are also releasing the updates as a print only Adobe Acrobat portable document format (PDF) file. The Excel file and the PDF file each contain PCL tables 1 through 10 and the supporting tables in the following order:

•    Summary of Updates
•    Table 1 – Tier 1 Residential Soil PCLs
•    Table 2 – Tier 1 Commercial/Industrial Soil PCLs
•    Table 3 – Tier 1 Groundwater PCLs, Residential and Commercial/Industrial
•    Table 4 – Tier 1 Residential Total Soil Combined PCLs
•    Table 5 – Tier 1 Commercial/Industrial Total Soil Combined PCLs
•    Table 6 – Tier 1 Individual Residential Soil PCLs
•    Table 7 – Tier 1 Individual Commercial/Industrial Soil PCLs
•    Table 8 – Tier 1 Individual Residential and Commercial/Industrial Groundwater PCLs
•    Table 9 – Individual Risk-Based Exposure Limits (RBELs), Residential
•    Table 10 – Individual Risk-Based Exposure Limits (RBELs), Commercial/Industrial
•    Toxicity Factors
•    Chemical/Physical Properties
•    Organic Carbon-Water Partition Coefficient (Koc) Values for Ionizing Organic COCs as a Function of pH
•    Gastrointestinal and Dermal Absorption Fractions (ABSGI and ABD.d Values)
•    2011 List of Updates

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