The Wise Report

The Wise Report
Henry M. Wise, P.G.
September 6, 2008

Lots of interesting things going on this week, not just from the TCEQ.
The TCEQ has five proposals out this week, dealing with uranium mining and radioactive material disposal.  They are:
The TCEQ proposes amendments to §§37.9001, 37.9030, 37.9035, 37.9040, 37.9045, and 37.9050.
The changes proposed to this chapter are part of a larger proposal to revise the TCEQ's radiation control and underground injection control (UIC) rules. The purpose of this rulemaking is to implement the remaining portions of Senate Bill (SB) 1604, 80th Legislature, 2007, its amendments to Texas Health and Safety Code (THSC), Chapter 401 (also known as the Texas Radiation Control Act (TRCA)), and House Bill (HB) 3838, 80th Legislature, 2007. This proposed rulemaking intends to incorporate new provisions for notice and contested case hearing opportunities related to Production Area Authorizations and UIC Area Permits and financial assurance requirements for uranium mining, and new state fees on gross receipts associated with the radioactive waste disposal. HB 3838 specifically addresses the period between uranium exploration, which is regulated by the Railroad Commission of Texas (RRC), and permitting of injection wells for in situ uranium mining, which is regulated by TCEQ. HB 3838 requires TCEQ to establish a registration program for exploration wells permitted by the RRC that are used for development of the UIC area permit application. In response to a previous petition for rulemaking, the commission has also directed staff to review, seek stakeholder input on, and recommend revision of commission rules related to in situ uranium recovery. The proposed amendments to Chapter 37 establish the financial assurance requirements for licenses for source material recovery, by-product disposal, aquifer restoration, and radioactive substances storage and processing. The commission proposes that the existing financial assurance requirements of Chapter 37, Subchapter T be used for the licensing programs subject to the transfer of jurisdiction in SB 1604. SB 1604 also establishes a new state fee for disposal of radioactive substances and amends UIC requirements for uranium mining.  For more information go to:  http://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#154
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The TCEQ proposes amendments to §§39.403, 39.651, 39.653, 39.702, 39.703, and 39.707. The commission also proposes new §39.655. The changes proposed to this chapter are part of a larger proposal to revise the commission's radiation control and underground injection control (UIC) rules. The purpose of this rulemaking is to implement the remaining portions of Senate Bill (SB) 1604, 80th Legislature, 2007, its amendments to Texas Health and Safety Code (THSC), Chapter 401 (also known as the Texas Radiation Control Act (TRCA)), Texas Water Code (TWC), Chapter 27 (also known as the Injection Well Act), and House Bill (HB) 3838, 80th Legislature, 2007. This proposed rulemaking intends to incorporate new provisions for notice and contested case hearing opportunities related to Production Area Authorizations and UIC Area Permits, financial assurance requirements, and new state fees on gross receipts associated with the radioactive waste disposal. HB 3838 specifically addresses the period between uranium exploration, which is regulated by the Railroad Commission of Texas (RRC), and permitting of injection wells for in situ uranium mining, which is regulated by TCEQ. HB 3838 requires TCEQ to establish a registration program for exploration wells permitted by the RRC that are used for development of the UIC area permit application. In response to a previous petition for rulemaking, the commission has also directed staff to review, seek stakeholder input on, and recommend revision of TCEQ rules related to in situ uranium recovery.

The proposed rules to Chapter 39 amend public notice requirements for applications for radioactive materials licenses, injection well permits and production area authorizations, and aquifer exemptions. The proposed rules clarify requirements for public notice of radioactive materials licenses, add requirements for the provision of public notice for injection well permits and production area authorizations to mineral interest owners and groundwater conservation districts, and establish specific requirements for public notice of aquifer exemptions. For more information go to:  http://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#165
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The TCEQ proposes an amendment to §55.201. The changes proposed to this chapter are part of a larger proposal to revise the TCEQ's radiation control and underground injection control (UIC) rules. The purpose of this rulemaking is to implement the remaining portions of Senate Bill (SB) 1604, 80th Legislature, 2007, its amendments to Texas Health and Safety Code (THSC), Chapter 401 (also known as the Texas Radiation Control Act (TRCA)), Texas Water Code (TWC), Chapter 27 (also known as the Injection Well Act), and House Bill (HB) 3838, 80th Legislature, 2007. This proposed rulemaking intends to incorporate new provisions for notice and contested case hearing opportunities related to Production Area Authorizations and UIC Area Permits, financial assurance requirements, and new state fees on gross receipts associated with the radioactive waste disposal. HB 3838 specifically addresses the period between uranium exploration, which is regulated by the Railroad Commission of Texas (RRC), and permitting of injection wells for in situ uranium mining, which is regulated by TCEQ. HB 3838 requires TCEQ to establish a registration program for exploration wells permitted by the RRC that are used for development of the UIC area permit application. In response to a previous petition for rulemaking, the TCEQ has also directed staff to review, seek stakeholder input on, and recommend revision of commission rules related to in situ uranium recovery. The proposed rulemaking action implements legislative requirements in SB 1604, establishing requirements for production area authorizations for in situ recovery of uranium. For more information go to:  http://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#179
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The TCEQ proposes amendments to §§331.2, 331.7, 331.13, 331.45, 331.46, 331.82, 331.84 - 331.86, 331.103 - 331.107, and 331.143. The TCEQ proposes new §§331.87, 331.108, 331.109, and 331.220 - 331.225. The changes proposed to this chapter are part of a larger proposal to revise the TCEQ's radiation control and underground injection control (UIC) rules. The purpose of this rulemaking is to implement the remaining portions of Senate Bill (SB) 1604, 80th Legislature, 2007, its amendments to Texas Health and Safety Code (THSC), Chapter 401 (also known as the Texas Radiation Control Act (TRCA)), Texas Water Code (TWC), Chapter 27 (also known as the Injection Well Act), and House Bill (HB) 3838, 80th Legislature, 2007. This proposed rulemaking intends to incorporate new provisions for Production A

source: 
Henry M. Wise
releasedate: 
Saturday, September 6, 2008
subcategory: 
Government Update