AIPG-TX

The Wise Report (UPDATE)
Henry M. Wise, P.G., C.P.G.

December 14, 2024

The Texas Commission on Environmental Quality (TCEQ) guidance document titled Determining Which Releases are Subject to TRRP has been revised. The revision:

• Adds a new option to calculate site-specific soil-to-groundwater ingestion PCLs for certain metals using site-specific soil pH.
• Eliminates the need for reporting when a site passes the ecological risk assessment Tier 1 Exclusion Criteria Checklist and target COC concentrations don’t exceed Tier 1 PCL-based or site-specific soil-to-groundwater ingestion action levels.
• Clarifies and emphasizes that site-specific background concentrations can be used as action levels.
• Updates the process flowchart to determine if a release is subject to TRRP or if reporting is necessary.
• Makes other minor updates for clarity.

The revised guidance dated December 6, 2024, replaces the version dated November 19, 2010, and is available at <https://www.tceq.texas.gov/downloads/remediation/trrp/releasestrrprev.pdf>

The Texas Legislature will be back in session January 14, 2025 through June 2, 2025.   As usual, I’ll be filing updates as new bills come in.  New information is in bold.

HB 279, by Guillen, Relating to procedural requirements for uranium mining production area authorizations.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB279.

HB 457, by Christina Morales, Relating to an alert system for notification of the release of toxic chemicals by a manufacturing facility.  “If the responsible state agency determines that a release will substantially endanger human health or the environment, the agency shall, not later than 30 minutes after making the determination, notify persons in the area in which the facility is located of the release using the alert system established under Subsection (d). When the agency determines a release is no longer a threat to human health or the environment, the agency shall notify persons using the alert system.”  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB457.

HB 553, by Patterson, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB553

HB 710, by Harrison, Relating to the recognition of occupational licenses and government certifications issued in other states; authorizing a fee.  Filed 11/12/2024.  Regardless of what the rules for a Board are, if an individual has a license in another state the Board must issue a license to them provided they meet the provisions of this particular statue. In addition, if a person does not have a license because their state does not require one, the Board must give them a license if they meet the Board’s requirements. This would eliminate reciprocity to a degree.  the Texas Board of Geoscientists does not have reciprocity with states that do not recognize our grandfathered licensees but other states would have their grandfathered individuals come in and practice.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB710.

HB 736, by Flores, Relating to certain procedures for civil suits brought by local governments or certain other persons for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality.  Amends current law.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB736.

HB 859, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB859.

HB 866, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB866

HB 1089, by Paul, Relating to creation of the gulf coast protection account to be administered by the General Land Office.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1089.

HB 1145, by Morales Shaw, Relating to a study regarding the use of perfluoroalkyl and polyfluoroalkyl chemicals in hydraulic fracturing.  Report by thy University of Houston, in collaboration the the Railroad Commission of Texas and the Texas Commision on Environmental Quality is to be submitted by December 1, 2026.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1145.

HB 1190, by Christina Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  “The board of regents of The University of Texas System shall adopt a formal policy goal to eliminate routine methane flaring on university lands by 2027.”  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1190.

HB 1237, by Guillen, Relating to the renewal by the Texas Commission on Environmental Quality of certain expired occupational licenses and registrations.  “A person whose license or registration has been expired for at least 90 days but not more than one year may apply for renewal of the license or registration by paying to the commission a renewal fee in an amount prescribed by commission rule not to exceed two times the normally required renewal fee.”  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1237.

HB 1238, by Guillen, Relating to the inspection of the location of a proposed Class I injection well.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1238.

HB 1341, by Reynolds, Relating to establishment of maximum allowable ground level concentrations of hydrogen sulfide by the Texas Commission on Environmental Quality.  Filed 11/14/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1341.

HB 1400, by Harris, Relating to creation of the groundwater science, research, and innovation fund to be administered by the Texas Water Development Board.  Filed 11/19/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1400

HB 1412, by Allen, Relating to the location of certain public meetings for certain permits issued by the Texas Commission on Environmental Quality.  “A public meeting requested under Subsection (a)(1)  shall be held in the house district in which the facility or  proposed facility is located or proposed to be located.”  Filed 11/19/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1412.

HB 1438, by Zwiener, Relating to climate change planning and reporting.  “Not later than June 1, 2026, and before the end of each successive four-year period after that date, the Texas Commission on Environmental Quality and the office of the state climatologist shall prepare a report on the potential impact of climate change in this state.”  Filed 11/21/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1438.

HB 1523, by Gerdes, Relating to a prohibition on the authorization by the Texas Commission on Environmental Quality of the use of a Class V injection well for certain aquifer storage and recovery projects.  Class V injection wells includes those wells used in insitu uranium recovery.  Passage would eliminate the use of ISR in certain counties, esp. Goliad County.  Acceptance of this bill could easily be expanded to eliminate all ISR facilities in Texas.  Filed 12/5/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1523

HB 1618, by Harris Davila, Companion Bill SB 616 (Identical), Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.  “The commission (TCEQ) by rule or permit may authorize…an aquifer storage and recovery project that includes an ASR injection well, as defined under Section 27.151, that transects the Edwards Aquifer in the area of Williamson County east of Interstate Highway 35 for the injection of water into a geologic formation that underlies the Edwards Aquifer.”  Filed 12/13/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/Companions.aspx?LegSess=89R&Bill=HB1618

HJR 27, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HJR27.

SB 212, by West, Relating to certain public meetings and public hearings concerning permits issued by the Texas Commission on Environmental Quality.  Mandates location of public meetings for permits.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB212

SB 495, by Sparks, Relating to the authority of the Texas Department of Insurance to adopt rules that implement or are based on certain environmental, social, and governance models, ratings, or standards.  Filed 11/22/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB495

SB 561, by Eckhardt, Alvarado, Cook, Gutierrez, Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality.  Filed 12/10/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB561

SB 616, by Schwertner, Companion Bill HB 1618 (Identical), Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.  “The commission (TCEQ) by rule or permit may authorize…an aquifer storage and recovery project that includes an ASR injection well, as defined under Section 27.151, that transects the Edwards Aquifer in the area of Williamson County east of Interstate Highway 35 for the injection of water into a geologic formation that underlies the Edwards Aquifer.”  Filed 12/13/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB616

Henry M. Wise, P.G.
The Wise Report
12/14/2024

_____________________________________________

November 16, 2024

The Texas Legislature will be back in session January 14, 2025 through June 2, 2025.  On November 12, 2024 bills began to be filed.  I’m currently checking these bills and have found 14 of general interest to geologists in Texas.  Thanks to Kevin Coleman for letting me know about HB710, which may affect the Texas Professional Geoscientist license and Matthew Cowan for his input on the potential ramifications of the law if it gets passed.  As usual, I’ll be filing updates as new bills come in.  New information is in bold.

HB 279, by Guillen, Relating to procedural requirements for uranium mining production area authorizations.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB279.

HB 457, by Christina Morales, Relating to an alert system for notification of the release of toxic chemicals by a manufacturing facility.  “If the responsible state agency determines that a release will substantially endanger human health or the environment, the agency shall, not later than 30 minutes after making the determination, notify persons in the area in which the facility is located of the release using the alert system established under Subsection (d). When the agency determines a release is no longer a threat to human health or the environment, the agency shall notify persons using the alert system.”  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB457.

HB 553, by Patterson, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB553.

HB 710, by Harrison, Relating to the recognition of occupational licenses and government certifications issued in other states; authorizing a fee.  Filed 11/12/2024.  Regardless of what the rules for a Board are, if an individual has a license in another state the Board must issue a license to them provided they meet the provisions of this particular statue. In addition, if a person does not have a license because their state does not require one, the Board must give them a license if they meet the Board’s requirements. This would eliminate reciprocity to a degree.  the Texas Board of Geoscientists does not have reciprocity with states that do not recognize our grandfathered licensees but other states would have their grandfathered individuals come in and practice.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB710.

HB 736, by Flores, Relating to certain procedures for civil suits brought by local governments or certain other persons for violations of certain laws under the jurisdiction of, or rules adopted or orders or permits issued by, the Texas Commission on Environmental Quality.  Amends current law.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB736.

HB 859, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB859.

HB 866, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB866.

HB 1089, by Paul, Relating to creation of the gulf coast protection account to be administered by the General Land Office.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1089.

HB 1145, by Morales Shaw, Relating to a study regarding the use of perfluoroalkyl and polyfluoroalkyl chemicals in hydraulic fracturing.  Report by thy University of Houston, in collaboration the the Railroad Commission of Texas and the Texas Commision on Environmental Quality is to be submitted by December 1, 2026.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1145.

HB 1190, by Christina Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund.  “The board of regents of The University of Texas System shall adopt a formal policy goal to eliminate routine methane flaring on university lands by 2027.”  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1190.

HB 1237, by Guillen, Relating to the renewal by the Texas Commission on Environmental Quality of certain expired occupational licenses and registrations.  “A person whose license or registration has been expired for at least 90 days but not more than one year may apply for renewal of the license or registration by paying to the commission a renewal fee in an amount prescribed by commission rule not to exceed two times the normally required renewal fee.”  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1237.

HB 1238, by Guillen, Relating to the inspection of the location of a proposed Class I injection well.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1238.

HB 1341, by Reynolds, Relating to establishment of maximum allowable ground-level concentrations of hydrogen sulfide by the Texas Commission on Environmental Quality.  Filed 11/14/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1341.

SB 212, by West, Relating to certain public meetings and public hearings concerning permits issued by the Texas Commission on Environmental Quality.  Mandates location of public meetings for permits.  Filed 11/12/2024.  For more information go to:  https://capitol.texas.gov/BillLookup/Authors.aspx?LegSess=89R&Bill=SB212.

Henry M. Wise, P.G.
The Wise Report
11/16/2024