The Wise Report

On October 28, 2016, the Texas Commission on Environmental Quality (TCEQ) received a petition from Lloyd Gosselink on behalf of the Owner/Operator Members of the Uranium Committee of the Texas Mining and Reclamation Association (TMRA-UC or petitioner).

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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 Wise Report

The Texas Mining and Reclamation Association (TMRA-UC) has petitioned the Texas Commission on Environmental Quality (TCEQ) for a revision of administrative rules regarding monitoring and sampling requirements for uranium mining operations, the definition of excursions, restoration sampling, restoration table amendments, fees, and radiation safety officer requirements. For more information go to:  https://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/petitions/17005PET_petition.pdf

Henry M. Wise, P.G.

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The Wise Report

On July 6, 2016, TCEQ commissioners approved publication of a proposed rule on the use of graywater. The proposed rule implements House Bill 1902, 84th Texas Legislature, which requires the TCEQ to:

  • Develop standards to allow the reuse of graywater for toilet and urinal flushing;
  • Create a new regulatory classification for “alternative onsite water” which the bill defines as “rainwater, air conditioning condensate, foundation drain water, storm water, cooling tower blowdown, swimming pool backwash and drain water, reverse osmosis reject water, or any other source of water considered appropriate by the commission” and develop standards for the reuse of alternative onsite water similar to the standards for graywater;
  • Allow an adjustment in the drainfield size of an on-site sewage facility (OSSF) if used in conjunction with a graywater reuse system; and
  • Develop a regulatory guidance manual to explain the graywater and alternative onsite water regulations.
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The Wise Report

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

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The Wise Report

On Sept. 24, 2015, the EPA signed the final rule which requires NPDES regulated entities to electronically submit specific permit and compliance monitoring information instead of filing paper reports. This rule will be implemented in two phases. Phase I becomes effective on Dec. 21, 2016, and Phase II becomes effective on Dec. 21, 2020. The following is a brief summary of the Phase I and Phase II requirements as they apply to NPDES regulated entities.

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The Wise Report

On October 30, 2015, the PST Program issued a revised “Release Determination Report” Form (TCEQ-00621, Rev. 10/15) to be used to report the results from the investigation of a suspected or confirmed release from a UST or AST, or permanent removal from service of a UST or any routine environmental site assessment at PST sites. This form (TCEQ-00621, Rev. 10/15) replaces all prior versions.

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The Wise Report

The aquatic life and human health surface water RBEL (risk-based exposure limit) tables have been updated and are available on the TCEQ website. These tables can be found as the second category under the TRRP PCLs at the following link: https://www.tceq.texas.gov/remediation/trrp/trrppcls.html

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The Wise Report

Beginning January 1, 2016, the TCEQ Remediation Division will require the use of United States Environmental Protection Agency (USEPA) SW846 Method 5035A, Purge-and-Trap and Extraction for Volatile Organics in Soil and Waste Samples, as amended, for the collection and preparation of solid samples for volatile organic compound (VOC) analysis using purge-and-trap technology. After December 31, 2015, the TCEQ Remediation Division will reject VOC data reported for solid samples, such as soil samples, collected and prepared using another method when the data are intended to demonstrate compliance with the rules in 30 Texas Administrative Code Chapters 334 (Underground Storage Tanks), 335 (Industrial Solid Waste and Municipal Hazardous Waste), or 350 (Texas Risk Reduction Program).

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The Wise Report

This legislative session is now closed. The following bills that may be of interest to Texas geologists have been sent to the Governor for his signature. Seven were signed by the Governor, two were vetoed, and one was filed without the signature of the Governor.

HB 30, by Larson and Vilalba, Relating to the development of brackish groundwater. 6/19/2015 Signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB30

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