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 Texas Board of Professional Geoscientists has issued Advisory Opinion AOR #13 (2015).

Is Texas P.G. licensure and/or firm registration required if a P.G. licensed in another state physically moves his or her firm to Texas and engages in the following activities?

  1. Establishes a Texas LLC (is a Texas corp. for at least some tax purposes).
  2. Solicits and engages in work solely within his/her original state of practice and residence, except for the fact that the office-based portion of the work (report preparation, administration, etc.) is done in the new Texas LLC’s office.
  3. Maintains current licensure in the original state.
  4. The LLC advertises that services are offered only in the original state of licensure.
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The Wise Report

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 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

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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The Wise Report

The following information was provided by the Texas Board of Professional Geoscientists (TBPG):

On September 18, 2015 the United States Environmental Protection Agency (EPA) proposed to amend the new source performance standards (NSPS) for the oil and natural gas source category by setting standards for both methane and volatile organic compounds (VOC) for certain equipment, processes and activities across this source category.

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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

The Railroad Commission of Texas (RRC) is proposing changes in fees for each request for a groundwater protection determination letter stating the total depth of surface casing required for an oil or gas well facilities. In addition, the current fees, as proposed, add a nonrefundable fee of $100 per each individual request for a groundwater protection determination letter. For more information, see: http://www.rrc.state.tx.us/media/30320/prop-amend-3-78-gau-fee-sig-sept2015.pdf

Henry M. Wise, P.G.

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