The Wise Report
Just a reminder that the public comment period for current proposed changes to the Texas Professional Geoscientist rules ends on October 2, 2014. If you are interested in commenting, submit all comments in writing to Mr. Charles Horton, TBPG, P O Box 13225, Austin, Texas 78711, or by e-mail to chorton@tbpg.state.tx.us.
The Texas Commission on Environmental Quality (TCEQ) proposes amendments to the effluent guidelines and standards for Texas pollutant discharge elimination system (TPDES) permits which is necessary to adopt by reference revisions to the United States Environmental Protection Agency (EPA) construction stormwater regulations, which were adopted in 40 Code of Federal Regulations (CFR) Part 450 and became effective on May 5, 2014.
The revisions to the federal regulations do not include any new regulatory requirements, but instead provides clarification to existing requirements and removes requirements related to the numeric turbidity effluent limitation. Specifically, the revisions include: defining “infeasible”; clarifying the applicability of requirements to control erosion caused by discharges; providing additional details on areas where buffers are required; clarifying requirements for soil stabilization, preservation of topsoil and pollution prevention measures; and withdrawing the numeric turbidity effluent limitation and monitoring requirements.
This rulemaking will amend §305.541 to adopt by reference revisions to 40 CFR Part 450, as published in the Federal Register on March 6, 2014 (79 FR 44). The clarifications added to the federal regulations will be incorporated into the Construction General Permit (CGP) at the time it is renewed in 2018. However, withdrawing the numeric turbidity effluent limitation in the federal regulations will not require a revision to the CGP, since this limitation was not incorporated into the 2013 CGP. In 2011, EPA stayed the numeric turbidity effluent limitation.
Currently, §305.541 adopts by reference certain parts of 40 CFR that were in effect at the time Texas was awarded delegation of the National Pollutant Discharge Elimination System (NPDES) program and specific parts that were adopted after delegation. This rulemaking will revise the reference to 40 CFR Part 450 to cite the Federal Register volume and date of publication related to the 2014 revisions to the construction stormwater regulations.
The earliest possible date of adoption is October 26, 2014. For more information go to:
http://www.sos.state.tx.us/texreg/archive/September262014/Proposed%20Rules/30.ENVIRONMENTAL%20QUALITY.html#77
Henry M. Wise, P.G.
The Wise Report