The Wise Report
June 23, 2013
Henry M. Wise, P.G.
The Governor’s office has announced, pending Senate confirmation, the following appoints to the Texas Board of Professional Geoscientists for terms to expire February 1, 2019:
Joseph P. DeWoody of Fort Worth (replacing Ronald Kitchens of Harper whose term expired).
Charles T. "Tom" Hallmark of Hearne (Dr. Hallmark is being reappointed).
W. David Prescott, II of Amarillo (replacing Barbara Roeling of Austin whose term expired).
In response to a petition for rulemaking, the Texas Commission on Water Quality (TCEQ) recommends rulemaking to amend the decommissioning standards applicable to radioactive source material (i.e., uranium mining) sites and by-product disposal sites so that the standards will conform to federal requirements.
On February 12, 2013, Barrett & Associates, PLLC submitted a petition for Rulemaking on behalf of Uranium Energy Corp. (UEC). In their petition, Barrett & Associates requested that the commission amend 30 TAC §336.1115 to remove subsection (e)(3), which would remove the redundancy in uranium in soil concentration limits and conform the rule to the federal requirements. At the TCEQ's agenda on April 10, 2013, the commission approved the petition for rulemaking (Project No. 2013-021-PET-NR) and directed staff to initiate rulemaking.
As requested in the petition, the commission proposes to remove §336.1115(e)(3), the limits for the uranium concentration in soil. The commission also proposes, in response to the removal of subsection (e)(3) to amend subsection (e)(4) to compensate for the removal of subsection (e)(3) by effectively limiting uranium concentration limits to limits specified in 10 Code of Federal Regulations (CFR) Part 40Appendix A, Criterion 6(6).
In considering the petition, staff reviewed the current rule language in §336.1115(e) and determined that inclusion of a specific soil standard for the concentration of uranium in soil is not consistent with the federal requirements of the United States Nuclear Regulatory Commission (NRC). The federal regulations set a standard for the concentration of radium in soil and require a risk-based dose assessment, but do not establish a specific concentration limit for uranium. A decommissioning standard for the concentration of uranium in soil is not necessary because the required risk-based radium benchmark dose assessment approach accounts for the radioactivity of the radionuclides in soil, including uranium.
For more information go to: http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/proposals/1...
The adopted effective date of these amendments is January 1, 2014, to allow the Commission time to develop and advise operators of the lists of potential flow zones and zones with corrosive formation fluids and to allow operators time to become familiar with the new requirements for wells to be drilled. Operators will be subject to these amendments for any wells that will be spudded on or after January 1, 2014. Wells spudded before January 1, 2014, will be subject to the current requirements of §3.13 in effect through December 31, 2013. For more information, go to: http://www.sos.state.tx.us/texreg/archive/June72013/adopted/16.ECONOMIC%...
The following filed bills may be of interest to Texas geologists. This list has been shortened to show only those bills which have been passed or are new from the Special Session. The Governor has until June 16, 2013 to sign or veto all passed bills from the regular session. If he does neither, they will become law without his signature. New information is listed in bold. Bills that have been passed are noted with an “*”:
*HB 4, by Ritter, Price, Johnson, Doug Miller, and Lucio III, Relating to the administration and functions of the Texas Water Development Board; authorizing the issuance of revenue bonds. Senate amendment reduces the Texas Water Development Board from 6 voluntary members to 3 full-time members. Those member appointed must be one member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business. 5/28/2013 signed by the Governor, effective 9/1/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB4
*HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
*HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
*HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=...
*HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
*HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
*HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/25/2013, filed without the Governor's signature. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
*HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 6/14/2013, signed by the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
*SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=...
*SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 6/14/2013, signed by the Governor. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=....
The following are new bills of interest to Texas geologists introduced during the Special Session called by the Governor:
HB 24, by Larson, Relating to the development of brackish groundwater. 5/31/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=831&Bill=...
HB 25, by Larson, Relating to the underground storage of water for later retrieval and beneficial use; authorizing the imposition of fees. 5/31/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=831&Bill=...
I'll be updating this list in the future, throughout the legislative session.
Henry M. Wise, P.G.
The Wise Report
June 23, 2013