The Wise Report

 

At its June 27, 2012 agenda meeting, TCEQ commissioners adopted revisions to 30 Texas Administrative CodeChapter 60 – the Compliance History Rule. The revisions to this rule incorporated changes mandated during the 82nd Legislative Session as part of the TCEQ’s Sunset Review process.   Included in those revisions is Advanced Review of Compliance History (ARCH), the opportunity for regulated entities to review their compliance history information for a 30-day period prior to the information being made available to the public on the TCEQ’s website. Registration for ARCH will end at midnight, Aug. 31, 2012.

 

Once the information entered into the online form is validated by TCEQ staff, registered participants will receive additional instructions via e-mail on how to access their compliance history information, when it is available in September. Compliance histories will be made available to the public on Nov. 15, 2012.

 

Compliance History Review Sign-up Application: http://www2.tceq.texas.gov/ch/archsignup/.  If you have any difficulties registering, or have other questions related to the advanced review process, please contact the TCEQ at comphist@tceq.texas.gov, or by phone 512-239-2724.

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The Railroad Commission of Texas (RRC) proposes amendments to §§12.100, 12.225, and 12.311, relating to Responsibilities; Commission Review of Outstanding Permits; and Terms and Conditions for Liability Insurance. The RRC proposes these amendments to update provisions of the Texas Coal Mining Regulatory and Abandoned Mine Land Programs. The federal Office of Surface Mining Reclamation and Enforcement (OSM) approved the amendments in the February 14, 2012, issue of the Federal Register (77 Fed. Reg. 8144).

 

In §12.100(a), the RRC proposes to add wording to substantively mirror the corresponding federal language. The proposed amendment will allow Texas permittees to continue operations under an existing permit without submitting a renewal application so long as the only ongoing activities being conducted within the permit area are those related to reclamation. The proposed amendment also clarifies that a permit, and the annual fees associated with the permit, continue until all surface coal mining and reclamation operations are completed.

 

In §12.225, the Commission proposes new subsection (a)(3) to clarify that the Commission will continue to conduct reviews of permits that, in accordance with the proposed amendment to §12.100(a), are not required to be renewed but under which the permittee must continue to perform reclamation activities within the permit area.

 

In §12.311, the Commission proposes amendments in subsection (b) to clarify the requirement that Texas permittees who are authorized in accordance with the proposed amendment to §12.100(a) to continue operations under an existing permit without submitting a renewal application are required to maintain public liability insurance for the duration of that operation.

 

Henry M. Wise, P.G.

The Wise Report

8/4/2012