The Wise Report
Henry M. Wise, P.G.
March 24, 2012
In 2011 the 82nd Legislature passed Senate Bill (SB) 313 related to priority groundwater management areas (PGMA). The legislature also passed SB 660 related to the review and functions of the Texas Water Development Board (TWDB), including the functions of the board and related entities in connection with the process for establishing and appealing desired future conditions in a groundwater management area. The Texas Commission on Environmental Quality (TCEQ) is proposing amendments to 30 TAC §§293.19, 293.20, 293.22, and 293.23 to meet these new requirements. These sections involve the clarification of the responsibilities of the executive director when he petitions the TCEQ for a Groundwater Conservation District (GCD) in a Priority Groundwater Management Area, records and reporting requirements, noncompliance review and Commission action (to clarify processes relating to TCEQ review of GCD management plan adoption, re-adoption, and implementation compliance), and petitions requesting inquire in Groundwater Management Areas. For more information go to: http://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#100for Chapter 3 and http://www.rrc.state.tx.us/rules/prop-5-203-and-206-GAU-section-RRC-March2012.PDFfor Chapter 5.
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The Railroad Commission of Texas (RRC) proposes amendments to16 TAC §§3.9, 3.14, 3.46, 3.79, 3.81, 3.95, 3.96, 3.97, 3.99, and 3.100, relating to disposal wells; plugging; fluid injection into productive reservoirs; definitions; brine mining injection wells; underground storage of liquid or liquefied hydrocarbons in salt formations; underground storage of gas in productive or depleted reservoirs; underground storage of gas in salt formations; cathodic protection wells; and seismic holes and coreholes. In a separate rulemaking, the RRC proposes similar amendments to two rules in Chapter 5 of this title, §§5.203 and 5.206, relating to carbon dioxide. For more information go to: http://www.rrc.state.tx.us/rules/prop-amend-ch3-GAU-section-RRC-March2012.PDF
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The RRC proposes amendments to16 TAC §3.15, relating to surface equipment removal requirements and inactive wells. The proposed amendments implement changes in procedure mandated by are the result of House Bill 3134 (82nd Legislature, Regular Session, 2011). For more information go to: http://www.rrc.state.tx.us/rules/prop-amend-3-15-admin-denial-hearing-procedure-and-fee-March2012.PDF.
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At its open meeting on March 20, 2012, the RRC adopted amendments to §3.30, concerning the Memorandum of Understanding (MOU) between the TCEQand the RRC, to implement Article 2 of House Bill 2694, 82nd Legislature (First Called Session, 2011), which transferred from the TCEQ to the RRC duties relating to the protection of groundwater resources from oil and gas activities. The amendments were adopted with an effective date of May 1, 2012. The adopted amendments will be published in the Friday, April 6, 2012, issue of the Texas Register. The MOU can be found at: https://www.rrc.state.tx.us/rules/adopt-3-30-MOU-TCEQ-and-RRC-March2012.PDF
Henry M. Wise, P.G.
The Wise Report
3/24/2012