The Wise Report

 
The Wise Report
Henry M. Wise, P.G.
October 26, 2007
Here's one proposed regulation from the TCEQ that many of us have been anticipating. As you may recall, the last legislative session passed House Bill 3554, relating to risk-based corrective action.  These requirements state that the commission shall use "risk-based corrective action" in response to releases from underground or aboveground storage tanks and shall define risk-based corrective action by rule.  These proposed rule changes would amend Title 30 Texas Administrative Code (TAC), Chapter 350 (relating to Texas Risk Reduction Program), §350.2(g) by eliminating language requiring compliance with Chapter 350 for the assessment, response actions, and post-response action care for releases of regulated substances from underground storage tanks (USTs).  Currently, leaking petroleum storage tank (LPST) sites discovered and reported after 2003 are required to follow Chapter 334, with the exception that Chapter 350 be used in lieu of §§334.78 - 334.81.  This rulemaking would effectively reinstate the use of §§334.78 - 334.81 (relating to site assessment, corrective action plans, etc.).  In other words, TRRP will no longer be used for UST work, RBCA will be re-instated.  For more information go to:  http://www.tceq.state.tx.us/rules/pendprop.html#07059 This link also has information on the proposed public hearing on this subject.
The above link will also take you to information relating to three other pending regulations:
The first is municipal solid waste (MSW) revisions to Chapter 305 and 330.  This rulemaking will define and limit the scope of certain major permit amendments and change some non-notice modifications to notice modifications and some notice modifications to major amendments.  Notice requirements will be revised to expand distance for mailed notice and require signage.
The second has to do with revisions to Edwards Aquifer fees.  This rulemaking implements HB 3098, 80th Legislature, 2007, Regular Session, by revising the 30 TAC Chapter 213 fee structure for water pollution abatement plans and contributing zone plans submitted to the TCEQ for review by the Edwards Aquifer Protection Program.
The third one revises the current compliance history rule as a result of the enforcement review process.
Henry M. Wise, P.G.
The Wise Report
10/26/2007